Horace Maynard to Mr. Maynard, April 28, 1877

No. 323. Mr. Maynard to Mr. Evarts.

Sir: I have the honor to send you to-day a telegram, of which a copy is inclosed, relative to American protection to Russian subjects; a question of sufficient importance for instructions.

When war was declared by Russia, her diplomatic and consular officers withdrew, intrusting to the German embassy the protection of Russian interests in Turkey, as will appear by the inclosed note from Mr. Nelidow, chargé d’affaires, at the moment of his departure.

The occasion of my request for instructions from the Department of State is explained in a telegram from the United States consul at Smyrna, and a dispatch from the United States consular agent at Mytilene.

To understand the need of protection in this instance, it is proper to bear in mind that the unprotected foreigner in Turkey, whether in peace or war, is practically an outlaw; that is, he has no one to whom he can appeal, either to assert his rights, or for defense, when assailed. The Mussulman resorts, of course, to the Ottoman authorities; the Rayah, or non-Mussulman subject, takes refuge under the head of his ecclesiastical community, or nationality, as it is called; if an Armenian, to the Armenian patriarchate; if Greek, to the Greek, &c. The only resource to the foreigner is a foreign mission or consulate, either of his own government or of some other. Hence, it is not unusual for the diplomatic and consular agents of the various powers near the Sublime Porte to apply to each other for protection of their respective national interests in localities where their government happens to be unrepresented. I myself have had occasion to invoke protection for American citizens from my British, French, Austro-Hungarian, Russian, and Greek colleagues, and it has always been promptly and cheerfully accorded and recognized by the Sublime Porte.

In the island of Mytilene it seems there is no German consular Officer, and the Russian vice-consul makes application to the United States consulate. What shall be the response?

At the time of the Cretan insurrection, in 1868, when diplomatic relations between Turkey and Greece were ruptured, the Greek minister, before leaving Constantinople, applied to my predecessor, Mr. Morris, to give protection to the Greek subjects domiciled in Turkey. This Mr. Morris consented to do, subject to the approval of his own government, which was not given. The correspondence is contained in Mr. Morris’s dispatches, No. 282, dated December 23, 1868; No. 286, dated January 3, 1869; No. 288, dated January 6, 1869; No. 295, dated January 31, 1869, and No. 296, dated February 7, 1869; and Mr. Seward’s instructions, No. 202, dated December 31, 1868; No. 203, dated January 1, 1869; No. 205, dated January 18, 1869, and No. 207, dated January 29, 1869.

For the present I shall observe the tenor and spirit of Mr. Seward’s instructions Nos. 202 and 203, and until the Department of State otherwise instructs, should a different determination at any time upon further consideration be reached.

I am, &c.,