816 No. 60.] Mr. Adee to Mr. Hill. DEPARTMENT OF STATE, Washington, August 31, 1904. SIR: I have to acknowledge the receipt of your No. 54 of the 11th instant submitting, for the Department's instructions with reference thereto, the application for a passport addressed to the legation by Jacob Wertli, through the American consulate at Zurich. In reply I have to say that on April 16, 1877, passport No. 506 was issued to James M. Vertley, upon an application showing he was born in the city of Bremgarten, Canton of Aargau, Switzerland, September 17, 1852. He submitted a certificate of naturalization issued by the Monroe County court, New York, September 25, 1876. On the application he signed his name twice as James M. Vertley, and the signature does not resemble in the least the signature of Jacob Wertli on the passport. No. 60616, issued July 21, 1902, or upon the application made before the consulate at Zurich July 23, 1904. The application of Jacob Wertli, upon which passport No. 60616 was issued July 21, 1902, stated he was born in St. Louis, Mo., September 22, 1851, that his father was a naturalized citizen of the United States, his permanent residence at St. Louis, and his occupation that of a civil engineer. Except that he says in his application at Zurich that he was born September 19, his allegations in the two applications agree. James M. Vertley was born September 17, 1852, and his height, when he was 24 years old, was 5 feet 3 inches, whereas Jacob Wertli's height is 5 feet 4 inches. In other respects the descriptions are similar. The discrepancy in the names and in the places of birth and the dissimilarity in penmanship would seem to indicate that James M. Vertley and Jacob Wertli are not the same person, and that Wertli is falsely impersonating Vertley. A searching examination of Wertli should be made, supplemented by such independent investigation as may be possible. If a clear and satisfactory explanation of the suspicion of fraud surrounding the case is made, a passport may issue, but not otherwise. And if the suspicion of fraud is confirmed, an effort should be made to find out where the party or parties thereto in the United States are located, in order that the case may be referred to the Department of Justice. I return, in accordance with your request, the inclosure to your dispatch, namely, Mr. Wertli's passport application and his expired passport. ALVEY A. ADEE, Acting Secretary I am, etc., Mr. Boutell to Mr. Hay. No. 60.] AMERICAN LEGATION, Berne, Switzerland, September 24, 1904. SIR: I have the honor to acknowledge the receipt of your No. 60 of August 31, 1904, relating to the case of Jacob Wertli, who applied to the legation for a passport through the American consulate at Zurich. In accordance with your instructions, the legation has attempted to investigate the case, and has also instructed the consul at Zurich to do so. The legation wrote to the civil office at Bremgarten for information as to the birth of Jacob Wertli, and received the same information as that given to the consul and embodied in the consul's letter, a copy of which I inclose herewith. Mr. Wertli himself refuses to call at the consulate at Zurich, or to explain any of his conflicting statements. The legation has, therefore, refused to issue the passport, in accordance with your instructions, and has informed by card the various embassies and legations, as well as the consul at Zurich. I am, etc., ROGER S. G. BOUTELL. [Inclosure.] Mr. Lieberknecht to Mr. Boutell. AMERICAN CONSULATE, Zurich, September 23, 1904. SIR Referring to your letter of the 9th instant, with inclosure of a copy of Department's dispatch No. 60, in regard to the passport application of Jacob Wertli, I beg leave to report: My inquiry addressed to the Civilstandsamt (recorder of vital statistics) at Bremgarten, Canton Aargau, elicited the fact that said Jacob Wertli is well known in Bremgarten, but that his birth is not registered there. The recorder, Mr. Gelvig, then went to Zufikon, the community in which Jacob Wertli is said to be at home, and made personal inspection of the register of births there, but said name was not to be found. Mr. Jacob Wertli has a sister living in Bremgarten by the name of Sidler Wertli, but she is unable to give date or birthplace of her brother, but thinks he was born in the Canton of Berne, but others think he was born in the Canton of Solothurn. I have addressed a letter to Mr. Wertli requesting him to call at this consulate, but up to this writing he has not yet appeared, and I believe he will not. In a conversation with Mr. Simon, who took his application for passport, he informed me that Mr. Wertli could not produce his marriage certificate, as he bas lost it. Everything seems to indicate that Mr. Wertli has made false statements sometime and somewhere. The Civilstandsamt at Bremgarten promised to give further information about Mr. Wertli if they could at any time find out something, and I shall promptly report to you whatever I may learn in the case. Your obedient servant, FR 1904 M- -52 A. LIEBERKNECHT. TURKEY. NEGOTIATIONS WITH THE TURKISH GOVERNMENT WITH REFERENCE TO OFFICIAL RECOGNITION OF AMERICAN EDUCATIONAL, CHARITABLE, AND RELIGIOUS INSTITUTIONS IN TURKEY, AND OTHER PENDING QUESTIONS. [Continuation of correspondence in Foreign Relations, 1903, p 735 et seq.] Mr. Leishman to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Pera, January 17, 1904. (Mr. Leishman reports that, as reported in previous correspondence, an effort has been made ever since the fleet arrived to resist a settlement of the pending questions as long as the fleet remains in Turkish waters. The situation remains practically unchanged, and constant efforts to induce the minister for foreign affairs to bring the matter to a settlement remain unsuccessful, as he is impotent, despite his friendly disposition. All power is vested in the Sultan, who can not be approached either by Mr. Leishman or the minister for foreign affairs except by permission, and the latter can discuss only such questions as the Sultan desires.) Mr. Hay to Mr. Leishman. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, January 19, 1904. (In view of Mr. Leishman's telegram of the 17th instant, Mr. Hay informs him that the continued presence of the American vessels in Turkish waters seems to obstruct the negotiations for the settlement of the pending question, and they will therefore be withdrawn at the end of the month. Instructs him to intimate that the temporary withdrawal of the vessels is directed in order to facilitate prompt disposition of the pending questions.) Mr. Leishman to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, (Mr. Leishman reports that a note has just been delivered by the powers in regard to the Macedonian reforms, and that the withdrawal of the American fleet will be made at an opportune moment and will have a good general effect, but no immediate settlement of the pending questions can be expected, as the above-mentioned note has caused a political crisis and will prevent consideration of other business for the present. The withdrawal of the fleet is accepted by the minister for foreign affairs as a most friendly act on the part of the Government, and he has given assurances that the withdrawal will be greatly appreciated, and that he will use his best endeavors to obtain a settlement of the pending questions at the first opportune moment. Mr. Leishman requests to be informed of the date of departure of the fleet.) Mr. Loomis to Mr. Leishman. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Loomis informs Mr. Leishman that the American vessels will depart to-day.) No. 752.] Mr. Leishman to Mr. Hay. AMERICAN LEGATION, Constantinople, April 1, 1904. SIR: Referring to the voluminous correspondence regarding the vexed question of the schools, etc., I regret to have to advise that the Sublime Porte has finally declined to take favorable action despite its numerous promises to the contrary. The language employed, although scrupulously avoiding the word "no," leaves no room for doubt of the Porte's determination to withhold from American institutions the rights and privileges that have been granted to similar institutions under the protection of the French and other European nations. As every ordinary means has been exhausted in my efforts to induce the Imperial Ottoman Government to take favorable action upon our fair and just demands that American religious, educational, and charitable institutions in Turkey be granted the same rights and privileges as have been granted to similar institutions under the protection of other nations, a right guaranteed us by treaty, I can only refer the question to the Department and ask that I be instructed as to what further steps you desire taken and the exact language you wish me to hold. I have, etc., JOHN G. A. LEISHMAN, [Inclosure. Translation.] Memorandum. In regard to the schools and religious institutions, no difficulty being raised on their behalf, there is no necessity for their confirmations. No. 763.] Mr. Leishman to Mr. Hay. AMERICAN LEGATION, Constantinople, April 20, 1904. SIR: Referring further to my dispatch No. 752, of April 1, 1904, regarding the school question, I beg to inclose copy of note which I deemed advisable to address to the Porte in order to place the matter more clearly on record. EXCELLENCY: I have delayed acknowledging receipt of the Sublime Porte's communication of April 1, declining to accede to the demand for equality of treatment for American institutions in Turkey, having waited from day to day for the past three weeks for the oft-promised note confirming same. The facts in the case are as follows: In the beginning of September, 1902, the legation addressed a note to your excellency's Government asking that an imperial irade be issued granting to American religious, educational, and charitable institutions throughout the Ottoman Empire the same rights and privileges accorded to similar institutions under the protection of other nations, and subsequently, at the request of the Sublime Porte, a list was filed giving the names of existing institutions for which Imperial firmans were desired. This demand was based upon the favored-nation clause in the treaty between the Imperial Ottoman Government and the Government of the United States of America, guaranteeing equality of treatment for American citizens and American institutions, and referred particularly to the concessions granted to French religious, educational, and charitable institutions under what is generally known as the Mytilene agreement, which has since been extended to other European nations, but withheld from the United States. After patiently waiting for nearly two years for the desired Imperial order authorizing the issue of proper firmans, during which period I was frequently given the most positive assurances that the matter had successively been favorably acted upon by the council of state and council of ministers and sent to the palace with a favorable recommendation, I was finally notified by your excellency that an Imperial irade had been issued, and that if I sent my dragoman to the Porte the contents would be communicated to him. In accordance with this request, my dragoman called at the Porte and was informed by the general secretary of the Imperial ministry for foreign affairs that although no formal note had yet been drawn up, he would read to him the order received from the grand vizierat regarding the schools, etc. In order to avoid any misunderstanding, my dragoman made notes from the dictation of the general secretary and submitted same to his excellency for approval, his excellency merely remarking that the memorandum contained a correct translation of the substance of a note from the grand vizierat which he had been instructed to communicate to the legation. Instead of the promised decree granting to American institutions the same rights and privileges granted to others, what was my surprise to receive a communication refusing the legation's demand on the grounds that " * in regard to the schools and religious institutions, no difficulty being raised on their behalf, there is no reason for their confirmation," etc. As other religious, charitable, and educational institutions were in exactly the same position as American institutions to-day prior to the granting of the above-mentioned concessions, the action of the Sublime Porte can only be regarded as a refusal to accord to American institutions the same treatment |