Official documents relating to the recognition of French missionary and benevolent institutions in Turkey

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TRANSLATED FROM OFFICIAL DOCUMENTS

Tewfik Pacha, Ottoman Minister of Foreign Affairs
to M. Bapst, Counsellor to the Embassy of the
French Republic at Constantinople.

November 6, 1901.

I have received the letter which you have addressed
to me on the 2nd instant, communicating the new de-
mands which the Government of the French Republic
has decided to formulate as a compensation for the de-
lay in the definitive settlement of the four claims which
have been the object of the notes of H. E. M. Constans.

These new demands of the Government of the Re-
public, as formulated in the annexes of your communi-
cation, contain the following four points :

(i.) The recognition of the legal existence of the
French schools, or those under French protection, re-
spect for the freedom of operation, and the maintenance
in their favor of the customs immunities accorded to
religious orders.

(2.) The recognition of the legal existence of the
churches, chapels, hospitals, dispensaries, orphanages,
asylums and other French establishments or those un-
der French protection, their exemption from the real
estate tax, and the maintenance in their favor of the
customs immunities accorded to religious orders.

(3.) The authorization of the construction and en-
largement or repair of the establishments mentioned in
the list annexed to your communication, and their legal
recognition in their new dimensions.

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(4-) The adoption, for the future, of a new procedure
for the formalities of the official authorization for such
establishments, a procedure according to which the
Sublime Porte should formulate its written objections
with the reasons therefor during a delay of two months
from the date of the official demand of the Embassy on
this subject, failing which the authorization demanded
and the exemptions consequent upon it shall be con-
sidered as acquired.

These new demands having been made the object
of deliberations of the Council of Ministers, and the
decision arrived at on this subject having just been
sanctioned by Imperial Irade, I hasten, in reply to
your above mentioned communication of the 2nd of
November to let you know what has been adopted
by the Sublime Porte :

(i.) The Imperial Government pledges itself to con-
tinue the recognition of the legal existence of such of
the French schools, or those under French protection,
mentioned in the list annexed to your communication
as are already recognized in the Empire, and it will
accord the same official recognition to those of these
establishments which to the present time are unauthor-
ized. It pledges itself also to extend to these establish-
ments the benefits of customs exemptions in conformity
with the regulations for customs immunities of such
establishments.

(2.) The Imperial Government pledges itself to con-
tinue the recognition of the legal existence of such of
the French churches, chapels, hospitals, dispensaries,
orphanages, asylums, and other establishments, and
those under French protection, mentioned in the list
annexed to your communication, as are already offi-

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cially recognized, and it accords the same official recog-
nition to those of these establishments which to the
present time are unauthorized. It pledges itself fur-
thermore to extend to these establishments the benefits
of exemption from the real estate tax in conformity
with established usage and precedents, and from cus-
toms dues, in conformity with the regulations touching
customs immunities for such establishments.

(3.) The Imperial Government authorizes the con-
struction, enlargement or repair of the establishments
mentioned in the list annexed to your communication,
and recognizes their legal existence in their new di-
mensions.

(4.) The adoption of a new procedure concerning
scholastic, religious and other establishments to be
created in the future, as also those for which enlarge-
ments or repairs calling for special examination are
proposed, the Imperial Government takes a formal
obligation to confer on this subject with the French
Embassy as soon as official relations shall be re-estab-
lished between the two countries.

Full satisfaction having thus been given to all the
demands relating to French interests, the Sublime
Porte does not doubt that the French Government
will give to its Embassy at Constantinople the neces-
sary instructions, so that the two countries, which have
always been united by ties of sincere friendship, can
resume without delay their official relations.

Copy of a note addressed to the Ministry of Public
Instruction. (Translation).

25 Redjeb, 13 19.
24 Teshrini Ewel, 131 7.

A demand having been made for the recognition
of the legal existence of the schools administered by
private individuals and the clergy, which are placed
under the subjection or the protection of France, and
the application to the schools of the customs franchises
already accorded to religious congregations :

It results from an Irade of H. I. M. the Sultan, pro-
mulgated in consequence of a decision of the Council
of Ministers, that there is accorded to these establish-
ments the official authorization ; it is natural to author-
ize, after inquiry, and conformably to the usages and
regulations, the schools, churches, and benevolent es-
tablishments which shall be hereafter constructed ; the
execution of these formalities will depend on subse-
quent deliberations.

By consequence, and on condition of the application
of the above mentioned formalities to the establish-
ments which shall be hereafter constructed :

The schools placed under the subjection and pro-
tection of France, already recognized by the Ottoman
Government, and figuring on the list, of which a legal-
ized copy is annexed, will continue to be legally recog-
nized.

With respect to those figuring on the list which

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have not as yet obtained the authorization, they will
be equally recognized officially in the above mentioned
manner, and will enjoy the customs franchises, con-
formably to the regulation existing in this matter.

The necessary communications and instructions
having been made to the Ministries of Foreign Affairs
and of the Interior, to the Administration of the Indi-
rect Contributions, and to the Imperial Divan, I beg
that you will use the necessary haste in what concerns
your honorable Ministry.

(Conformed to the original).

(seal).

The Minister of Foreign Affairs.
Tewfik.

Tewfik Pacha, Ottoman Minister of Foreign Affairs
to M. Bapst, Counsellor of the Embassy of the
French Republic at Constantinople.

November 9th, 1901.

Following my letters of the 4th and 6th instant,
relating to the last demands of the Government of the
French Republic, and in conformity with the communi-
cation which M. Rouet, First Dragoman of the Em-
bassy made yesterday, I have the pleasure to inform
you of the complete decision of the Sublime Porte,
which has just been sanctioned by Imperial Irade.

In that which concerns point 4 of my aforesaid
letter of the 6th instant, relating to the procedure
which will be followed in future for the construction,
repair or enlargement of French establishments, or
those under French protection, the procedure will be
as follows :

" Whenever in the future, there are to be founded
or constructed scholastic religious or other similar es-
tablishments by the French, or by French proteges, in
places other than quarters exclusively inhabited by
Mosl ems, the French Embassy will communicate to
the Imperial Minister of Foreign Affairs, besides the
regulation details, the name of the teachers and direc-
tors (female teachers and directresses) and the object
of the foundation. It will be the same whenever re-
pairs or enlargements of the same establishments are

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to be undertaken. In case, after a delay of six months
after the notice given by the Embassy, the Sublime
Porte shall not have formulated in writing its objec-
tions with reasons therefor, the authorization demanded,
and the exemptions resulting from it, shall be con-
sidered as acquired. If any opposition is made by the
Sublime Porte during the delay above fixed, it shall
be made the subject of a conference between the Em-
bassy and the Imperial Minister of Foreign Affairs,
who shall together seek to arrive as soon as possible
at an agreement, taking into consideration all argu-
ments pro and con.

With respect to the Lorando claim, it has been de-
cided to proceed, with reference to this claim, in the
same manner and with the same conditions as those
reached in the Tubini claim.

I believe I ought to inform you at the same time,
that, in order to follow up the agreement arrived at on
points I, 2 and 3, mentioned in my letter of the 6th
instant, the Grand Vizieriat has just addressed the
necessary instructions to the Imperial Ministry of Fi-
nances and of Public Instruction, as also to the Gen-
eral Administration of Indirect Contributions, and to
the Governors-General, so that they may conform to
the agreement entered into on this subject. You will
find annexed the copies of these grand-vizierial com-
munications, also the three certified lists of these estab-
lishments, conformed to those in my Department.

Accept etc. . . .

Tewfik.

Copy of a note addressed to the Ministry of the Interior.
(Translation.)

25 Redjeb, 1319.
24 Teshrini Ewel, 1317.

A demand having been made for the recognition of
the legal existence of the schools administered by priv-
ate individuals and the clergy who are subjects and
proteges of France, also of the hospitals and religious
establishments placed under the subjection and the
protection of France, for the delivery of the necessary
Firmans for the repair and construction of the estab-
lishments destroyed or damaged during the troubles,
for the application to the schools of the customs fran-
chises, already accorded to religious congregations, and
the exemption from real estate tax of hospitals, dispen-
saries, orphanages and asylums for the poor :

There results from an Trade of His Majesty the Sul-
tan, promulgated in consequence of a decision of the
Council of Ministers, that there is accorded to these
establishments the official authorization; it is natural
to deliver, after inquiry, and conformably to usages and
rules, the necessary authorization to the schools, churches
and pious foundations which shall be hereafter con-
structed ; the execution of these last formalities will
depend on subsequent deliberations.

By consequence, and on condition of applying the
above mentioned formalities to institutions to be con-
structed hereafter:

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(i.) The schools placed under the subjection or the
protection of France, already recognized by the Otto-
man Government, and figuring on the list, of which a
legalized copy is annexed, will continue to be legally
recognized.

Those figuring on the list, which have not thus far
received authorization, will be recognized officially in
the above mentioned manner, and will enjoy the cus-
toms franchises, conformably to the regulation.

(2.) The churches, chapels, hospitals, dispensaries,
orphanages and asylums for the poor whether placed
under the subjection or the protection of France, al-
ready officially recognized, and figuring on the list of
which a legalized copy is annexed, will continue to be
legally recognized.

With respect to the establishments which have not
thus far obtained authorization, they will be officially
recognized in the above mentioned way, and will enjoy
the customs franchises, by virtue of the rule for the
franchise, and of the rule relating to real estate taxes,
and conformably to the usages and precedents in force ;

(3.) It is permitted to construct, enlarge or restore
the establishments figuring on the list, of which a legal-
ized copy is annexed, and the legal existence of those
establishments will be recognized in the limits of their
future dimensions. Vizierial orders will be given for
the reeular issue of firmans to such of these establish-
ments as, after inquiry, shall have been found not to
have official authorization, and with respect to the
others, the authorization demanded will be given.

The necessary communications and instructions hav-
ing been made to the Ministries of Foreign Affairs, of
Public Instruction, and of Finances, to the Adminis-

lO

tration of Indirect Contributions and to the Imperial
Divan, I beg you to use all necessary urgency in that
which regards your honorable Ministry.

(Conformed to the original.)

(seal.)

The Minister of Foreign Affairs.
Tewfik.

Copy of a note addressed to the Administration of the
Indirect Contributions. (Translation.)

25 Redjeb, 1319.
24 Teshrini Ewel, 1317.

A demand having been made for the recognition of
the legal existence of the schools administered by pri-
vate individuals and the clergy, who are placed under
the subjection and the protection of France, as also
that of the hospitals and religious establishments placed
under the subjection and the protection of France, for
the delivery of the firmans necessary for the repair and
construction of the establishments which have been
destroyed or damaged during the troubles; for the
application to the schools of the customs franchises
already accorded to religious congregations, and the
exemption from the real estate taxes of hospitals, dis-
pensaries, orphanages and asylums for the poor;

It results from an Irade of H. I. M. the Sultan, pro-
mulgated in consequence of a decision of the Council
of Ministers, that there is accorded to these establish-
ments the official authorization ; it is natural to deliver,
after inquiry, and conformably to the usages and rules,
the necessary authorization to the schools, churches
and pious foundations which shall be hereafter con-
structed ; the execution of these formalities will depend
on subsequent deliberations.

In consequence, and on condition of the application
of the above mentioned formalities to the establishments
hereafter constructed :

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(i.) The schools placed under the subjection and
the protection of France, and which have been recog-
nized by the Ottoman Government, and figuring on the
list, of which a legalized copy is annexed, will continue
to be legally recognized.

Those figuring on the list, which have not thus far
obtained authorization, will be recognized officially in
the above mentioned manner, and will enjoy the cus-
toms franchises, conformably to the regulation.

(2.) The churches, chapels, hospitals, dispensaries,
orphanages and asylums for the poor, whether placed
under the subjection or the protection of France, which
have been already ofificially recognized, and which fig-
ure on the list of which a legalized copy is annexed,
will continue to be legally recognized.

With respect to the establishments which have not
thus far obtained authorization, they will be ofHcially
recognized in the manner above mentioned, and will
enjoy the customs franchises, by virtue of the regula-
tion concerning the franchise, and of the regulation
relating to the real estate taxes, and conformably to
usages and precedents in force ;

The necessary communications and instructions hav-
ing been made to the Ministries of Foreign Affairs, of
the Interior, of Public Instruction and of Finance, and
to the Imperial Divan, I beg that you will use the
necessary urgency in what concerns your honorable
Ministry.

(Copy conformed to the original.)

(seal).

The Minister of Foreign Affairs.
Tewfik.

M. Bapst, Charge d'affaires of France at Constanti-
nople to Tewfik Pacha, Ottoman Minister of For-
eign Affairs.

Pera, November loth, 1901.

I have communicated without delay to Paris, to
H. E. the Minister of Foreign Affairs, the contents of
your letter of yesterday evening, and I have assured
him at the same time that the official pieces annexed
to that letter furnish all the desirable guarantees for
execution.

In response to that communication, I am charged
to notify your Excellency that the French Government
takes note vis-a-vis with the Imperial Government :

(i.) Of the recognition of the legal existence of the
French schools, and schools under French protection,
actually existing (list No i, certified by your Excel-
lency) and the engagement to extend to them the bene-
fit of customs immunities, conformably to the conven-
tions in force relating to these immunities :

(2.) Of the recognition of the legal existence of
the French establishments, and establishments under
French protection ; consecrated to beneficence or to
worship, and actually existing (list No 2, certified by
your Excellency) and of their exemption from the real
estate tax, conformably to established usage and pre-
cedents, and of the conferring on the aforesaid estab-
lishments of the customs immunities foreseen by the
conventions in force :

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(3-) Of the authorization to construct, enlarge, or
repair a certain number of French establishments or
those under French protection, mentioned in list No 3,
certified by your Excellency, and of the recognition of
their legal existence in their future dimensions :

(4.) Finally the engagement to consider as legally
authorized, with the benefit of all the exemptions and
immunities flowing from this authorization, the future
creations or constructions of scholastic, religious or
other similar establishments, by Frenchmen or French
proteges, in quarters other than those inhabited exclu-
sively by Moslems, and also the repair or future en-
largement of establishments analogous to those already
existing, if within a delay of six months, to be reckoned
from the notice given by the Embassy, the Sublime
Porte has not formulated in writing its objections, with
reasons therefor.

These four points being definitely acquired, the
French Government charges me to let your Excellency
know that it is ready to re-establish diplomatic rela-
tions, and it authorizes me to act hereafter in the ca-
pacity of Charge d'affaires.

I will, therefore, have the honor, unless your Excel-
lency sends me contrary advices, to visit the Sublime
Porte tomorrow, Monday, in the afternoon, to take the
rank and quality of Charge d'affaires of the French
Republic.

As a consequence of the decision of the French
Government, Monsieur the Rear Admiral Caillard has
been invited to quit Mitylene.