conduct of agents acting out of the range not only of their real but of their apparent authority. This Government could not admit such a demand upon it on the part of any foreign power, and it cannot be expected to make such a demand against a nation with which it treats as an equal sovereign, unless it has acquired by treaty the right to do so.

But this view of the matter is qualified by the right to expect that, when the circumstances of the case warrant it, the Government found morally in default will hasten to render proper reparation to the injured party. This is what Mr. Wallace appears to have been directed to press for by every means in his power, and Mr. Cox will be instructed in the like sense. He will spare no efforts to impress on the Government of the Porte our earnest conviction that we have a right to expect that justice will be meted out to the offenders, and that such reparation will be tendered for the injuries suffered as will comport with a due sense of justice and of deference toward a friendly power. I am, &c.,

No. 662.

Mr. Bayard to Mr. Cox.

T. F. BAYARD.

No. 10.]

DEPARTMENT OF STATE, Washington, August 17, 1885.

SIR: I have to acknowledge the receipt of a dispatch from Mr. Wallace, No. 491, of April 9, 1885, reporting the adverse decision of the Government of Turkey to the claims for indemnity preferred by the United States on account of the assaults committed upon the Rev. G. C. Knapp and Dr. G. C. Reynolds and Maurice Pflaum, M. D.

The minister for foreign affairs maintains that his Government is not to be held pecuniarily responsible for the acts complained of, and asserts that it is lawful for the parties interested to bring suit against the "magistrates for prejudice to their cases by reason of irregularities in their proceedings."

I am unable to accept this reply as either a final or satisfactory answer. The magnitude of these offenses, no less than the cruelty which particularly characterized the treatment received by Messrs. Knapp and Reynolds, leaves no other course open to this Government than to again appeal to that sense of justice which should alike animate Turkey and prompt her to make honorable amends for these crimes.

I do not, however, deem it necessary to review the entire correspondence in each of these cases, since it is fully before your legation. I therefore content myself with a brief reference in each case, and trust that you will speedily familiarize yourself therewith and renew the application for a money indemnity for these outraged American citizens. In so doing you will keep in mind the general views as to this class of claims expressed in my No. 9, of the 17th instant.

The assault upon Messrs. Knapp and Reynolds was committed May 31, 1883, by Koords near Bitlis, and was accompanied with robbery and attempted murder. Dr. Reynolds received ten sword-cuts, while Mr. Knapp was beaten over the head with a heavy club. Both gentlemen were tied, gagged, and dragged into the bushes and left to die.

The case of Dr. Pflaum occurred also in 1883, April 28. It originated in an unpaid bill for medical services rendered to Tahir Effendi, of Axar, and involves the disputed Article IV of the treaty of 1830, with a peculiar advantage on the side of this Government. "The governor of Axar," says Mr. Wallace, "did not confine himself to arresting Dr. Pflaum, and trying aud sentencing him; he went the full figure, and punished him also."

It needs also to be remarked that in connection with these cases the Government of the United States has not yet succeeded in obtaining satisfactory treatment by Turkey.

Mr. Wallace's dispatches Nos. 460 and 461, of January 8 and 13, 1885, present the latest developments in the cases previous to his No. 491. His No. 460 contains a note from the Turkish Government relative to the case of Dr. Pflaum. It acknowledges the discovery of certain irregularities, announces the removal of two officials, and the reprimand of another. His No. 461 concerns the case of Messrs. Reynolds and Knapp. It also acknowledges the discovery of some irregularities, and states that certain officials have been "put under judgment."

In the case of Dr. Pflaum, Mr. Frelinghuysen replied, under date of January 29, 1885 (No. 257), that in the Department's judgment it seemed fitting that this admission of irregular treatment should be followed by an immediate offer on the part of the Sublime Porte to make due reparation to a wronged American citizen. Mr. Wallace was accordingly instructed to renew his application for a suitable money indemnity, should he not receive within a reasonable time an offer of settlement from Turkey. Respecting the complaint of Messrs. Reynolds and Knapp, my predecessor remarked in his instruction (No. 260) of February 4, 1885, that the reported action of Turkey was viewed with satisfaction as evidence of a desire on the part of that Government to recede from the deadlock into which the matter had fallen through the action of the Turkish authorities, and of a purpose to act in accordance with international comity and right counsel. "It remains to be seen, however," adds Mr. Frelinghuysen, "whether substantial justice for these injured men can be reached, and certainly no less will satisfy us. Under all the circumstances of this case, the Government of the United States rightly expects that the Government of Turkey will make early and due reparation to Messrs. Knapp and Reynolds for the outrages perpetrated by Moussa Bey, whose identity is beyond question."

So much depends on the tact with which a pecuniary claim on a foreign Government is pressed and on the influence of the officer presenting it, that I do not think that even two refusals from Turkey in the present cases should place this Government in a position in which a third application through a new minister would be improper.

I cannot but regard that these claims possess much merit, and that the Government of Turkey should be urged to settlement. I am not disposed to say that our insistence should be such as to disturb the friendly relations of the two countries, and with these remarks I feel that I may confidently leave the subject largely to your discretion. The Department will be glad to receive a full report of your action, when taken.

SIR: Adverting to the Department's instructions No. 293, of June 8, to Mr. Emmet, and No. 7, of the 17th instant, to yourself, I herewith inclose a copy of a letter from Mr. J. J. Arakelyan, of the 20th instant,

giving an account of his coming to the United States in order that an iradé such as that referred to by Mr. Emmet in his recent dispatch may be obtained from the Porte. This letter of Mr. Arakelyan's, in connection with the information already before your legation, will place you in possession of the necessary facts in this case upon which to petition the Turkish Government for an iradé, so that his name may be stricken from the records, thereby relieving his parents from the burden of further taxation or labor on his account.

You will use your best endeavor to obtain this action with as little delay as possible.

I am, &c.,

T. F. BAYARD.

[Inclosure in No. 15.]

Mr. Arakelyan to Mr. Bayard.

BOSTON, MASS., August 20, 1885. DEAR SIR: Your favor of the 17th instant was duly received, for which please accept most hearty thanks. I shall be highly pleased to have the State Department continue in their request to the Turkish Government to right the matter affecting unjustly an American citizen, and to secure an iradé if that seems best in the Department's judgment.

The facts, in brief, of my coming to the United States, and, becoming one of its citizens, are as follows: When I was a boy, and my father was residing at Erzeroom, away from his family, he sent for me to join him there, leaving Arabkir, where I was born. While I was at Erzeroom my father's business compelled him to go to Trebizond, leaving me alone for two years, in which time a few of my friends, with myself, became desirous to go to the United States. Accordingly, in 1866, five of us left Erzeroom for this country, but when we reached Trebizond, where my father still was, he at once objected to my plan, and my companions continued their journey without me. At length my father, seeing that I should never be satisfied till I reached America, embraced the opportunity to let me go in the spring of 1867 with an American family, Mr. M. P. Parmelee and family, who were at Trebizond as missionaries of American Board of Commissioners for Foreign Missions.

On reaching Constantinople we met a Mrs. Walker whose husband had died at Diarbekir, and she had come to Constantinople with her children to join other missionaries in returning to this country. I was then engaged to assist her in the care of her family from Constantinople to Boston, where we arrived July 15, 1867, going at once to her father's home at Auburndale, Mass., where I remained, studying, about one year. From there I went to Riverside Press, Cambridge, Mass., Messrs. H. O. Houghton & Co. proprietors, with the intention of learning the art of printing, and returning to Turkey. But as time went on my plans changed. On the 4th of June, 1879, I married an American lady at her home in Lancaster, Mass. In February, 1883, I left the Riverside Press, and opened a book and newspaper printing office at 226 Franklin street, Boston, where I still continue in business, residing at Cambridgeport, Mass., where I have been naturalized as you already know, having in your possession a certified copy of my naturalization paper.

Please observe, in view of the above facts, that there have been no obstacles to my coming to this country besides my father's unwillingness to part with his son, at first, and that no one has ever entered into bonds for me that I know of, nor did I ever hear of such a custom, as I must have done had any such arrangement been entered into for me, as the Turkish minister of foreign affairs presupposes.

There is no need to state that the facts in the case do entitle me to the protection and privileges of a citizen of the United States, and I feel sure that since you have so kindly and faithfully done so much already for me and for the right, you will eventually, with persistence, see wrongs righted and satisfaction gained. Thanking you again for the attention you are bestowing upon the matter,

I remain, &c.,

J. J. ARAKELYAN.

No. 16.]

No. 664.

Mr. Bayard to Mr. Cox.

DEPARTMENT OF STATE,
Washington, August 29, 1885.

SIR: I have received a dispatch, No. 429, of the 7th instant, from Mr. Heap, consul-general at Constantinople, in reference to the expulsion from Safed, Palestine, of two American citizens, Louis Lubrowsky and brother, Hebrews by nativity, because of their religious faith. It appears that these brothers on their recent arrival at Safed were required to give bonds in the sum of 400 Turkish pounds to leave the country in ten days or obtain a special license to remain.

The facts in detail will be found narrated in the correspondence which, it seems, Mr. Heap brought to the attention of Mr. Emmet on the 22d ultimo and 3d instant. For this reason I do not inclose to you a copy of Mr. Heap's dispatch, but you will immediately call upon him for such further particulars as you may desire, should the facts not be fully before your legation.

This case is commended to your attention as one in which the Department entertains the confidence that you will take the greatest interest and with which you will be competent to deal as a due regard for the rights of American citizens requires.

It is to be borne in mind, however, that those rights, under treaties, are to be measured in a certain degree by the rights conceded to other foreigners of the most favored nation. You will be careful, therefore, to make no untenable demand as of right. But friendship and international comity entitle the United States to ask and expect that no race or class distinction shall be made as regards American citizens abroad, and this Government cannot acquiesce in any such prescriptive measures which compel its citizens to abandon Turkey solely on account of their religious proclivities.

Mr. Heap's dispatch will acquaint you with the extent of his action and that of the consul at Beirut to prevent this wrong.

I am, &c.,

SIR: I have the honor to inclose copies of correspondence had with the English minister, Sir William A. White, in reference to affording American interests the protection of the English vice-consul at Har poot, especially having in view the undisturbed continuance of the American college at that point.

You will be pleased to see that we are indebted to the courtesy and vigor of English officials at a point where none of our own is stationed, and also that the same is extended to our countrymen in as gracious a manner as it usually has been effective.

The above case comes under the general instructions recently received through your dispatch No. 9. That dispatch gives a large discretion in securing "all due protection and redress for your [our] countrymen who take up their abode in Turkey and observe its laws."

There are cases pending which need prompt attention, and as to which I will confer with the Department if any emergency not foreseen shall arise.

A case was brought to me yesterday of the most flagrant character,, viz, the robbery in June last of Rev. Mr. J. F. Smith, his wife and son,. and a Miss Wright of Marsovan, Asia Minor. The robbers (Circassian soldiers) were arrested; but no punishment has been had, and no return of the stolen property found upon the robbers. This robbery took place on the highway, nine miles from Tocat, under circumstances of aggravation. I have made a full representation to the Porte in such diplomatic terms as it is possible to use and be in earnest.

I refer to these cases (all comprehended under your No. 9) to show you that I have received your dispatch and am studying up the correspondence with a view to the best mode of redress.

DEAR SIR: Some months ago the Ottoman Government decided to enforce its lawalmost fallen into desuetude-against achools existing within its territory.

There is an American college existing from custom, never having been interdicted for lack of a "permit," at a place called " Harpoot." It is, according to the map, near the thirty-ninth parallel of latitude and about 150 miles south of Trebizond, Asia Minor. The American directors of this college apprehend difficulties from the local authorities of the vilayet, although application has been made according to the law for the "permit." These local authorities do not respond to Ottoman Government at the Porte as to certain information on which the latter desire to base their "permit" for the college.

Inasmuch as there are no American officials of any grade at or near this place, and as the apprehension of the Americans is well grounded; and inasmuch as there is now temporarily resident at Harpoot an English vice-consul, Mr. Bajadjoin, who is your Government's representative at Diarbekir, a resident of the country and a gentleman of influence with the natives of that neighborhood, and a man of probity and benevolence, may I not respectfully ask your kind offices in behalf of the college through his intervention in the premises?

Is there a precedent for such a request and for acquiescence in it? Yes. In 1882 some difficulties arose with regard to Dr. Kingsbury, of Samacow in Bulgaria. He was in the habit of attending medically the American families in Samacow. He was arraigned before the Bulgarian authorities, or rather required by them to present himself before a medical body at Sofia and display his diplomas and verify their authenticity. He complied. The next day, however, he was summoned to appear in court and answer charges for illegally practicing his profession and selling drugs. There was no American consul there.

On the 7th of October, 1882, the American legation here requested the Earl of Dufferin, the English minister, to be good enough to take Dr. Kingsbury under his special protection.

Owing to the good offices of Mr. Lassales, the difficulty was happily terminated. It is upon this and numerous other precedents of your uniform kindness that I rely for a similar kindly interposition on behalf of the worthy teachers and directors of the college at Harpoot.

I am, &c.,

S. S. COX.