Mr. Hirsch to Mr. Blaine.

No. 426.]

Sir: The refusal of the provincial authorities to issue a permit to Mr. Bartlett for the completion of his building at Bourdour was communicated to the Department December 17, 1891 (No. 364). Information [Page 557] of the continued refusal of the authorities to issue the required permit has just been filed with the legation, in consequence of which I addressed a note to the Sublime Porte (copy inclosed—No. 1).

I have, etc.,

Solomon Hirsch.
[Inclosure in No. 426]

Mr. Hirsch to the Sublime Porte.

The legation of the United States in its note verbale No. 84 of December, 8, 1891, had the honor of requesting the Sublime Porte to issue the necessary orders for the completion of the building which the American citizen Bartlett, by permission of the proper authorities, had erected last year at Bourdour, in the vilayet of Konia, on land purchased by him under the right guaranteed by treaty.

From information just received it appears that no further progress toward the completion of the building has been permitted, in consequence of Mr. Bartlett’s refusal to comply with a demand for a guaranty to neither hold religious worship nor instruct children on the premises. The local authorities claim that their withholding of the municipal permit is in consequence of orders from Constantinople. This, in view of the former action of the Sublime Porte, the legation must believe to be a misinterpretation on the part of the provincial authorities of the orders received. In quite a similar case, in which the local authorities at Latakia refused permission to the American citizen Easson for the erection of a house on land which he had bought in that town unless he gave a bond such as is now sought to be exacted of Mr. Bartlett by the local authorities of Bourdour, the legation had the honor of addressing the imperial ministry of foreign affairs in its note verbale No. 49 of December 15, 1890, and said: “The rights acquired by foreigners under the protocol extend not only to the purchase of land, but also to its enjoyment by the owner. A demand for such a bond is therefore clearly illegal and can not be enforced.”

As soon as the attempt at illegal exactions on the part of the provincial officials at that time was brought to the attention of His Majesty’s minister of foreign affairs, the Sublime Porte, mindful of the rights of American citizens, caused the issuance of the necessary orders for the building of the house in question without any bond or guaranty.

It is therefore not believed to be necessary to do more than apprise the imperial ministry of foreign affairs of the continued illegal refusal on the part of the local authorities at Bourdour to issue to Mr. Bartlett the necessary permit to which he is clearly entitled for the completion of his building, except to renew the request for prompt measures in that direction.