sustain such a claim it is not necessary that the penalties should have been imposed originally and expressly on the person so excepted from jurisdiction. It is enough if it appears that the tax was levied in such a way as to reach him through his relatives.

"It is desired, therefore, that you bring the complaint of Mr. Arakelyan, as cited in the inclosed copies of his letters, to the notice of the Ottoman Government, requesting that the sum received for any taxes imposed on his relatives on his account be refunded, that the value of the road services rendered by Mr. Arakelyan's brother be returned, and that no further taxes on account of Mr. Arakelyan be imposed on his family."

Mr. Porter, Act. Sec. of State, to Mr. Emmet, chargé at Constantinople,
No. 293, June S, 1885, For. Rel. 1885, 848.

"I have the honor to report that during an interview had with the minister of foreign affairs, on the 20th inst., the particulars of dispatch No. 293 were fully discussed, with the following result:

"His excellency presupposes that at the time Mr. J. J. Arakelyan left his native town, Arabkir, some of his relatives entered into bonds, thereby enabling him to absent himself from home, and hence the exaction of taxes and labor on his behalf since his departure.

66

If Mr. Arakelyan will take the trouble to file a petition with the Turkish minister in America, setting forth the facts of his case, his reason for becoming naturalized, and exhibiting the proofs of his naturalization, the minister will forward a communication to the authorities of his former home, and have his name stricken from the records, thus relieving his parents from the burden of further taxation or labor on his account. As to the restitution of moneys already disbursed, or remuneration for labor performed, his excellency said there would be no hope for recovery. In his own words, 'We will forgive him for the future, and he must forgive the Turkish Government for the past.'

"The system of bonding would-be absentees is quite a general practice in Turkey, and will undoubtedly be found the origin of the above case."

Mr. Emmet, chargé at Constantinople, to Mr. Bayard, Sec. of State, No. 516, July 23, 1885, For. Rel. 1885, 854.

A Turk who has, since 1869, been naturalized abroad without having obtained an Imperial iradé consenting to his expatriation, is debarred from inheriting from Ottoman subjects, notwithstanding that the property may have been acquired through his thrift and industry; and, in case he purchases property in Turkey, he can bequeath it only to such subjects. As to the restitution of moneys already disbursed or remuneration for labor performed, the Turkish minis

ter of foreign affairs stated that there was no possibility of recovery on those accounts.

Mr. Bayard, Sec. of State, to Mr. Arakelyan, Aug. 17, 1885, 156 MS. Dom.
Let. 554, citing dispatch from Mr. Emmet, chargé at Constantinople,
No. 516, July 23, 1885.

"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. Accord-
ingly, 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 the 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 Con-
stantinople to Boston, where we arrived July 15, 1867, going at once
to her father's home at Auburndale, Mass., where I remained, study-
ing, about one year. From there I went to Riverside Press, Cam-
bridge, 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 posses-
sion 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.” (Mr. Arakelyan to Mr. Bayard, Aug. 20, 1885, For. Rel. 1885, 861.)

Where a Turk has been naturalized in the United States since 1869 without the consent of the Sultan, such consent can be obtained only by a petition to His Majesty sent through the Turkish minister

at Washington. This petition should be duly sworn to, should set forth the circumstances under which the petitioner left his native land, and should be accompanied with the evidence of his naturalization. The Department of State can not predict the result of such a petition; but the Department, if furnished with a copy of the petition in duplicate, will instruct the American minister at Constantinople to render such aid as may be found proper.

Mr. Bayard, Sec. of State, to Mr. Arakelyan, Aug. 17, 1885, 156 MS. Dom.
Let. 554; Mr. Porter, Act. Sec. of State, to Mr. Arakelyan, Feb. 13,
1886, 159 MS. Dom. Let. 68; Mr. Olney, Sec. of State, to Mr. Ghiz,
Oct. 27, 1896, 213 MS. Dom. Let. 410; Mr. Hill, Assist. Sec. of State, to
Messrs. Michaelian Brothers, June 20, 1899, 238 MS. Dom. Let. 116;
Mr. Hill, Assist. Sec. of State, to Messrs. Boghasian, Dec. 14, 1900, 249
MS. Dom. Let. 491; Mr. Adee, 2nd Assist. Sec. of State, to Mr. Shibley,
Jan. 26, 1901, 250 MS. Dom. Let. 413.

The Department of State can not decide as to the phraseology which the
petitioner shall employ. He must use language and furnish evidence
"which would prove acceptable to the Turkish representative," to
whom the petition "must necessarily be addressed." (Mr. Bayard,
Sec. of State, to Mr. Arakelyan, Feb. 25, 1886, 159 MS. Dom. Let. 160.)
The cases referred to in the letters above cited related chiefly to the
imposition of taxes on relations of the naturalized citizens.

In one case complaint was made of the exaction from a brother in Turkey of a poll and military tax assessed against the complainant and his four brothers in the United States. (Mr. Olney to Mr. Ghiz, supra.)

In another case a person in Turkey was required to pay the personal
taxes of his brother and three cousins, who were in the United States,
and of whom all but one had become naturalized citizens. (Mr.
Hill to the Michaelian Brothers, supra.)

In yet another case release was sought from assessment poll taxes.
Hill to the Messrs. Boghasian, supra.)

(Mr.

In each case the complainant was advised of the Turkish requirement, as above set forth.

For other and similar cases of poll or military taxes, with similar advice, see Mr. Adee, Second Assist. Sec. of State, to Mr. Deoshamajian, Oct. 2, 1900, 248 MS. Dom. Let. 202; Mr. Hill, Assist. Sec. of State, to Mr. Kachadoorian, Jan. 4, 1901, 250 MS. Dom. Let. 83; Mr. Cridler, Third Assist. Sec. of State, to Mr. Shibley, Jan. 9, 1901, 250 MS. Dom. Let. 147.

Mr. Bayard stated, Aug. 3, 1886, that all efforts to have Mr. Arakelyan's American allegiance recognized by the Turkish Government "were without avail," except on condition that he should "obtain the Imperial iradé spoken of in the Turkish law." Mr. Arakelyan accordingly presented a petition to the Turkish minister at Washton, and the American minister at Constantinople was instructed to support it.

Feb. 7, 1889, Mr. Straus, then American minister at that capital. transmitted to his Government the official act of the Turkish Government, recognizing Mr. Arakelyan's American citizenship.

Mr. Bayard, Sec. of State, to Mr. Randall, Aug. 3, 1886, 161 MS. Dom.
Let. 138; Mr. Straus, min. to Turkey, to Mr. Bayard, Sec, of State,
No. 37, Oct. 24, 1887, 47 MS. Desp. Turkey; Mr. Bayard, Sec. of State,
to Mr. Straus, No. 110, June 13, 1888, MS. Inst. Turkey, IV. 669; Mr.
Straus to Mr. Bayard, No. 171, Feb. 7, 1889, 48 MS. Desp. Turkey.
The paper in question was sent on to Mr. Arakelyan, who paid the cost
of obtaining it, amounting to $4.31. (Mr. Blaine, Sec. of State, to
Mr. Straus, min. to Turkey, No. 198, March 18, 1889, MS. Inst.
Turkey, V. 49.)

The case of Arakelyan is mentioned in Mr. Adee, Second Assist. Sec. of
State, to Mr. Eguiman, June 16, 1890, 178 MS. Dom. Let. 45.

In May, 1892, the American legation at Constantinople was instructed to
exercise its good offices in behalf of the petition of Mr. Dikran
Taylor, for release from Ottoman citizenship. (Mr. Blaine, Sec. of
State, to Mr. Hirsch, min. to Turkey, No. 325, May 11, 1892, MS. Inst.
Turkey, V. 349.)

In 1896 it was stated that the only iradé, of which the Department of State had recent knowledge," was that granted to Mr. Arakelyan. (Mr. Rockhill, Act. Sec. of State, to Mr. Beshgetour, Aug. 3, 1896, 211 MS. Dom. Let. 620.)

"I have the honor to inform you that I have finally secured the promise of this Government to recognize Garabed Kevorkian, a naturalized Armenian, as a citizen of the United States. He was the subject of your dispatch No. 33 of August 8, 1893. He was naturalized without the consent of the Sultan, long after the Turkish law of 1869, but made his declaration of intention to become a citizen of the United States before that date.

"The recognition by the Porte of his citizenship, as dating from the time when the 'declaration of intention' was filed, has not been without difficulty; especially since in this case about ten years was permitted to elapse before naturalization. This man's civil

rights were not threatened. He had made a trade and wished himself described in the deed as a citizen of the United States."

Mr. Terrell, min. to Turkey, to Mr. Gresham, Sec. of State, Oct. 12, 1893,
For. Rel. 1893, 692.

See, also, For. Rel. 1893, 651, 703.

"The Department is in receipt of your letter of May 26th last in regard to the litigation concerning certain real property pending in Turkey between your step-brother and yourselves.

"It appears from a report received from our legation at Constantinople that the laws of Turkey regard persons of Ottoman birth who changed their nationality before 1869, or with the consent of the Imperial Government, as foreigners, and such persons can claim the benefits of the law of January 18, 1867, conceding to foreigners the right of holding real estate in the Ottoman Empire, the special law relating to Ottoman subjects who had changed their nationality not having been enacted.

"Ottoman subjects who have been naturalized since 1869, without the Imperial sanction, are, notwithstanding, regarded by Turkish law as subjects, and such persons are unable to accomplish any act affecting their real property before a Turkish court or bureau unless they accept the designation of Ottoman subject.'

"There is a provision of law by which this latter class may have pronounced against them a judgment involving the loss of Ottoman citizenship and entailing the forfeiture of their real property, but it is stated that this provision has never been put into practice by the Ottoman Government.

66 In any event it will be necessary for you to establish your title to the property in the courts of Turkey, and this Government could only intervene in case of a denial of justice or of treaty rights."

Mr. Adee, Act. Sec. of State, to Messrs. Seropian Brothers, August 6, 1897, 220 MS. Dom. Let. 125.

See, also, Mr. Adee, Second Assist. Sec. of State, to Mr. Zabriskie, Sept. 22, 1900, 248 MS. Dom. Let. 102.

"By the law annexed to the real estate protocol of August 11, 1874, between the United States and the Ottoman Porte, . . . the right of subjects of Ottoman birth who have changed their nationality to hold and presumably to inherit real estate, is to be governed by a special law. The Turkish Government holds that the law of nationality, which refuses recognition of the acquisition of a foreign nationality by a Turk who has become naturalized abroad without Imperial consent, operates as a special law to deprive an Ottoman subject, so naturalized since 1869, of the right to hold real estate as an alien."

Mr. Moore, Act. Sec. of State, to Mr. Pashayan, Sept. 9, 1898, 231 MS.
Dom. Let. 292.

(e) EXPULSION CASES.
§ 463.

"I have to acknowledge the receipt of your No. 188 of the 21st ultimo in regard to the attempted expulsion of Dr. Abkarian, a naturalized citizen of the United States, from Turkey. You state that on the evening of the 20th of November you were called upon at your residence by Naoum Effendi, who is in charge of the foreign correspondence at the ministry of foreign affairs and were informed by him that an order had been received from His Highness the Grand Vizier, based upon information from the minister of police, for the expulsion of Dr. Abkarian, who is of Armenian parentage, and who arrived in Turkey from the United States over two months ago, on the ground that he is a man dangerous to the public peace. You state that no evidence that he is such a man has been offered to you,