In 1862 our minister, E. J. Morris, concluded another treaty with the Porte, ent.i.tled, as was the first one, "A Treaty of Commerce and Navigation," which, by its Article XX, was to remain in force twenty-eight years unless either party saw fit to abrogate at the end of fourteen or twenty-one years. In January, 1874, the Turkish Government gave notice to our Department of State of its desire to terminate the treaty, following this notice up with another communication to the same effect in September, 1875. Although by the terms of the treaty such notice was to be permissible not earlier than June, 1876, nothing was said in Washington regarding the untimeliness of these communications, and in his Annual Message of December, 1876, President Grant announced: "Under this notice the treaty terminated upon the fifth day of June 1876." President Cleveland, on the other hand, in his first Annual Message nine years later, questioned the official termination, but added: "As the commercial rights of our citizens in Turkey come under the favored-nation guarantee of the prior treaty of 1830 ... no inconvenience can result" from our agreeing to the abrogation. Thus questions of jurisdiction and commercial rights were thrown back for settlement under the Treaty of 1830, the translation of which was and has remained in dispute.

Much of this confusion was due, again, to the slight actual regard, on the part of the Ottoman Empire, for the terms of treaties. In this att.i.tude they had been encouraged by some of the European nations--most of all Russia in its more powerful days--who, in return for other advantages, were not insistent upon their claims under the capitulations, especially the claims of jurisdiction over nationals. So far as concerned the United States, this loose effectiveness of treaties caused constant misunderstanding with regard to the handling of cases arising under them.

With every question that came up under the disputed Clause IV, for instance, the Turks would controvert the right of our consuls to try, and we would insist on that right. The battle then would be won after a fashion by the side with the most persistence. During my administration I happened to be the winner much of the time, although my winning merely released a possibly innocent person; for while we argued about a trial for the suspect he lingered in jail, and after I got his release the Turks would refuse to acknowledge our jurisdiction and not prosecute.

Innocent and guilty alike were made to suffer in jail, and alike were set scot-free upon release. Not only that, but whenever an American citizen committed, or was alleged to have committed, a crime and was arrested by the Turkish authorities, it created irritation and a strain of our relationship.

The only other treaty then negotiated between the Ottoman Government and our own--the Treaty of Naturalization and Extradition--had also been a subject for discussion and dispute ever since it was signed by Minister George H. Boker in 1874. When it was concluded, the Senate refused to confirm it because under it American citizenship was forfeited _ipso facto_ by the return of the naturalized citizen to his native land and his remaining there two years; but the Senate amended this treaty by changing the phraseology of the clause containing the two-year reference. The Sublime Porte accepted the amendment by a declaration of what it understood to be its intent and significance, which interpretation our Government, in turn, would not accept.

And there that treaty was hung in 1875, although our Government that year made an appropriation of ten thousand eight hundred dollars for presents to Turkish officials, which was then customary on concluding a treaty with the Porte.

As the conditions which had called forth the treaty continued to exist, I was instructed to renew negotiations in the matter. A number of Christian subjects of the Porte--some Greeks and some Syrians, but princ.i.p.ally Armenians--in order to free themselves from Turkish jurisdiction had fled to the United States. Here they remained long enough to become citizens, and from time to time they came back to Turkey, where they were charged with being involved in alleged conspiracies against the Turkish Government. Such cases arose frequently, and it was felt that the Treaty of Naturalization and Extradition with the two-year clause, similar to the one we have with many other nations, would prevent citizens of the Porte from using naturalization in America as a means of escaping liability as subjects of Turkey upon their return there.

I addressed myself to bringing about an adjustment of these difficulties, either by securing a new treaty or having the one of 1874 accepted as amended. A long and tedious exchange of notes on the subject ensued. Finally the Porte agreed to accept the Treaty of 1874 as amended.

Of course I was elated, and the State Department was pleased. That the treaty was one very much desired by our Government was clear. I received a long, flattering cable of congratulation from Mr. Bayard, and a letter in similar vein from Mr. Adee, saying in part:

Whatever may be the outcome of these negotiations, you are to be congratulated without stint on having achieved a decided diplomatic success by causing the Government of the Porte to recede from the position which it took in 1875, with respect to the Senate amendments, and to which it has so pertinaciously adhered ever since, until you wrought a change of heart and induced it to take a more rational view of the subject. This makes it far easier for us to deal with the question now as justice and equity and due respect for the rights and privileges attaching to American nationality may demand.

Then the bubble burst! Under my instructions I had a.s.sured the Turkish authorities that with their acceptance of the amendments of our Senate the negotiations in the matter would be concluded, and all that would be necessary to give effect to the treaty was the proclamation of the President. Instead, however, it was thought best again to submit the terms to the Senate, as fourteen years had elapsed since the negotiation of the original treaty. Thereupon some of our leading missionaries, at the instigation of prominent Armenians who had been naturalized in America and returned to Turkey, opposed ratification, and no further action was taken. It was a very discouraging situation, for many annoying cases constantly came up, some of a rather serious nature.

I might add that ten years later, when I was again minister to Turkey, I was instructed to renew negotiations, but the Ottoman Government was now unwilling to negotiate at all on this subject, and we were left without any treaty of naturalization.

There were one or two interesting special matters that came up during this mission. Toward the end of 1887 Baron Maurice de Hirsch came to Constantinople to adjust some financial differences with the Turkish Government. His railway, connecting Constantinople with European cities, was about completed. The Turkish Government claimed that he owed it 132,000,000 francs, a claim growing out of kilometric guarantees and other concessions.

One day while I was calling on the Grand Vizier, Kiamil Pasha, he asked to introduce some one to me, and forthwith I met a tall and slender man in his fifties, dark eyes sparkling with spirit and energy, clean-shaven except for a full black mustache, dressed rather dudishly in a cutaway coat, white vest and white spats--Baron de Hirsch. I was glad of this opportunity, for I had often heard of him and his great philanthropic activities. We had a pleasant conversation about things in general.

A few days later I took dinner with the Sultan. He spoke to me about Baron de Hirsch and the claim of Turkey against him. The Turkish Government was hard-pressed for funds--its chronic condition. The Sultan explained that for some time efforts had been made to arrive at some settlement, and that it was now proposed to arbitrate. The Baron had suggested first the French and then the Austrian amba.s.sador as arbitrator, but neither was satisfactory to His Majesty; he, however, had much confidence in my judgment and impartiality, so that he had counter-suggested my name to the Baron, which was satisfactory to the latter; and they had agreed to pay me an honorarium of one million francs.

I a.s.sured the Sultan that I was much complimented by his request, but I would have to consult the Secretary of State. He told me he had already requested the Turkish minister at Washington to inquire the views of the Department, and that Mr. Bayard had said there was no objection to my acting as arbitrator. But I said I would have to communicate with Mr.

Bayard personally and would let His Majesty hear from me in the course of a few days.

I cabled Mr. Bayard and learned, as the Sultan had said, that there was no objection to my acceding to the latter's wishes and accepting the honorarium if it appeared to me advisable. Upon giving the proposal careful consideration, however, I felt it would not be wise for me to comply with the Sultan's request, much as I should have liked to please him. Any transaction with the Turkish Government involving money was open to suspicion of improper methods and bribery. Had I as arbitrator made a decision disappointing to the Turkish Government, I should certainly have fallen under such suspicion, and I deemed it improper to a.s.sume an obligation which might throw the American legation into a false light.

I advised Secretary Bayard accordingly and frankly told the Sultan I could not accept. I added, however, that while I would not accept an honorarium, I should be glad to act as mediator to see whether a satisfactory adjustment could not be brought about between the Baron and the Grand Vizier, which offer the Sultan accepted.

As the negotiations went forward, the Baron and the Grand Vizier had frequent disagreements and altercations. Each of them would come to me with his grievance, and I would give my opinion and bring them together again. Finally there arose a legal question, and this was submitted to Professor Gneist, the famous German authority on international law. Upon his decision the Baron finally paid the Turkish Government 22,000,000 francs.

During these negotiations, which lasted several months, an intimate friendship developed between the Baron and his wife and Mrs. Straus and myself. They often took family dinner with us. They were declining official invitations because of the recent death of their only child, Lucien. The Baroness was an exceptionally fine woman, learned and able, whose princ.i.p.al aim in life seemed to be to find ways of being most helpful to others. In the quarters of the poor, both Jew and Gentile, her short, trim figure, dressed in deep mourning, was familiar. Her face had an attractively benign expression. A story regarding her activities in connection with the construction of her husband's railroad was characteristic of her.

In a village near Constantinople a number of houses belonging to the poor had to be torn down to make way for the railway station. The work was to be done with the understanding that the Turkish Government would compensate these people, but evidently no such consideration was forthcoming. A number of those thus dispossessed came to the Baron to complain, but he answered that it was the Government's responsibility, not his. On hearing of this the Baroness informed her husband that she did not propose to let the railroad cause unhappiness to people, that it would probably be a long time before the Government paid the compensation, if ever, and that she insisted on paying these people out of her own private fortune so they could at once build new houses and be happy. Then and there she carried out that programme.

The Baron spoke to me of his own benefactions and said he purposed during his lifetime to devote his fortune to benevolent causes. His philanthropy up to that time had been bestowed mainly in Russia, but he was desirous of doing something for the Russians who, because of the oppression resultant from the Ignatieff laws, were emigrating to America. They had been persecuted and were poor, and he wanted to enable them to reestablish themselves.

I was familiar with the conditions of these Russian immigrants, because prior to my coming to Turkey I had been in close relationship for several years with Michael Heilprin, author of a number of scholarly works and one of the chief editors of Appleton's Encyclopaedia. He worked untiringly on behalf of these new arrivals, collecting money for them and aiding them personally in numerous ways. I think his untimely death was due primarily to his generous expenditure of energy in this way. I mentioned Heilprin to the Baron and said I would write him for suggestions how best the immigrants might be helped.

When I heard from Heilprin I forwarded the letter to the Baron, together with a list of men who had done most in the way of benevolent work for the Jews of New York. Prominent on that list were Meyer S. Isaacs, president of the United Hebrew Congregations; Jesse Seligman, president of the Hebrew Orphan Asylum; Jacob H. Schiff, who was connected with a number of our charitable enterprises; and my brother Isidor. The Baron subsequently communicated with Mr. Isaacs and some others, and out of their arrangements grew the Baron de Hirsch Fund and the Baron de Hirsch Trade School. Later the Baroness, upon conferring with Mrs. Straus, endowed the Clara de Hirsch Home for Working Girls.

Neither my wife nor I wish to claim any credit for the founding of the de Hirsch benevolent inst.i.tutions. We were simply the medium through which these came into being. We never even suggested the nature of them.

We only gave the requested information regarding the need for such inst.i.tutions.

[Ill.u.s.tration: OSCAR S. STRAUS

Constantinople, 1888]

But to come back to Constantinople and its railroads. During 1888 the question of a railroad from Constantinople to the Persian Gulf was much agitated, especially by the Germans. The Grand Vizier several times brought up the subject in conversation with me, asking me to help him get in communication with some reliable American railroad builders. He a.s.sured me that the Turkish Government would give more favorable terms to a group of Americans because the project would then be free from the political complications that might ensue if a road through the heart of the empire were controlled by Germany or any other European power.

William K. Vanderbilt was in Constantinople at the time. He had arrived in his yacht, which was larger than most yachts that came through the Dardanelles, so it was stopped until I could procure for him a special permit from the Sultan to proceed. At the Sultan's request, I spoke to Vanderbilt about the railroad and introduced him to the Grand Vizier.

But he was on pleasure bent and not inclined to take up the cares and burdens involved in such an undertaking.

Of course it was apparent that if American capitalists and railroad builders with their vast experience would take up the construction of this road it would put tremendous power and prestige into American hands. I suggested that Carl Schurz and Henry Villard might be the proper persons to undertake this gigantic work. Villard's name had figured prominently in the completion of the Northern Pacific; he was close to Schurz, and they each enjoyed a high reputation. Soon thereafter the Porte submitted the matter to a syndicate of German, British, and French bankers, and the famous Bagdad Railroad was not built by Americans.

Early in 1888 I received a letter from an old friend, the Reverend William Hayes Ward, eminent a.s.syriologist and scholarly editor of the "Independent," respecting an expedition for excavating in Babylonia which the Reverend John P. Peters, of the University of Pennsylvania, contemplated. Under Dr. William Pepper, provost of the university, Dr.

Peters was organizing the Babylon Exploration Fund, which would base its work on the recommendations made in 1884-85 by the Wolfe expedition headed by Dr. Ward himself. The Wolfe expedition, financed by Miss Catherine L. Wolfe, of New York City, had been limited to reconnoissance and exploration. Shortly thereafter the subject was brought to my attention officially by Mr. Adee, of the Department of State, who wrote me:

We find ourselves between two fires,--on one hand is the Philadelphia organization under the lead of Dr. Peters, which has the money, and on the other is the Johns Hopkins enterprise, which has the most solid ballasting of a.s.syriological talent, but, unfortunately, its dollars are limited. As the Johns Hopkins people deposit all their collections in the National Museum, Professor Langley feels kindly disposed towards them.... We shall probably have to look to you as the _deus ex machina_ to prescribe a solution.

I conferred unofficially with Hamdy Bey, director of the Imperial Museum at Stamboul, himself a very competent scientist and in charge of all excavations in Turkey, who informed me fully regarding the Turkish law governing excavations, among other things that a permit for making them had to be obtained from the Ministry of Public Instruction (and these permits were not easily obtained); and that all objects discovered were the property of the Turkish Government, the excavator being permitted only moulds or drawings thereof, except possibly in the case of certain duplicates.

To save time in the matter, I brought it before the Grand Vizier, who promised support in laying the project before His Majesty the Sultan, with the view possibly of getting an irade to export at least a portion, if not half, of the objects discovered. I suggested to our State Department that the University of Pennsylvania and Johns Hopkins work together and operate as one body, so that an irade, should it be obtainable, might serve for the benefit of all concerned.

While _en route_ to the United States on a short leave of absence I met Dr. Peters in London. He handed me a letter of introduction from President Cleveland asking my good offices. The proposed excavations interested me very much, and I promised Dr. Peters I would give the subject immediate attention upon returning to my post. Meanwhile I instructed the charge, Mr. King, how to proceed in my absence.

Early in November when I got back to Constantinople I asked for an audience with the Sultan to explain the purposes of the exploration fund, the interest of the various universities and scientific societies in it, adding that I had received a personal letter from the President in regard to it, and that if he would give the permit to excavate it would meet with high appreciation in my country.

It was the custom for ministers, as distinct from amba.s.sadors, to dismount at the Palace gate and proceed to the Palace on foot. For this occasion, however, orders had been given for our coming in at the Palace door. Here I was met by His Highness, the Grand Vizier; the Minister of Foreign Affairs; and the Grand Master of Ceremonies. After some fifteen minutes the Grand Vizier and the Grand Master of Ceremonies ushered me into the presence of His Majesty. A private audience took place, wherein the Sultan seemed very affable indeed. He said he was happy to welcome me back to my post and hoped that Mrs. Straus and I had had a pleasant trip.

His Majesty then led the way to the brilliantly illuminated dining-hall, where a military orchestra of about thirty members was playing. I was seated at His Majesty's right, with the dragoman next to me, and the Grand Vizier was at the left; down both sides sat the pashas, their b.r.e.a.s.t.s sparkling with diamond orders. The dinner was served on gold and silver plates, and the menu was excellent and not overburdened. The Sultan conversed freely, cheerfully, and apparently without reserve.

After dinner we went with him to a play in the little theater on the Palace grounds. At an opportune moment between the acts, while His Majesty questioned me regarding some matters in the United States, I referred to the excavations, and to the fact that several representatives of the universities were awaiting his decision. He graciously stated that permission would be granted, and it was given a very few days thereafter.

Though we were all somewhat disappointed because the permit was more restricted than we had been led to expect, it enabled Dr. Peters and his party to go ahead with their work. Dr. Peters has left a full account of the explorations and the objects discovered, some of them dating back earlier than 4000 B.C., in his two volumes ent.i.tled "Nippur," which form a lasting memorial to his services in the cause of archaeology.

Unfavorable as we thought the permit was, I was accused by Theodore Bent, British archaeologist, writing in the "Contemporary Review," of bribing Hamdy Bey to obtain a favorable firman. He himself had dug at Thasos the previous year and had run into difficulties with the Turkish authorities, resulting in the seizure of his findings. He still felt revengeful toward Hamdy Bey, and the knowledge of our negotiations for a permit afforded him ground for a scurrilous attack on the director of the museum, who was, nevertheless, a man of fine character and high repute.

The fact really was that the Sultan felt somewhat under obligations to me because of my services in another matter. There were in the Ottoman Empire a million or more Persians, mainly rug dealers. Many of them had married Turkish women. The Sultan claimed that when a Persian in Turkey married a Turkish subject his nationality followed that of his wife. The controversy had gone so far that the Shah of Persia was about to recall his amba.s.sador, and they finally agreed to submit the matter to me for decision.