William H. Seward to E. Joy Morris, July 17, 1867

Mr. Seward to Mr. Morris

Sir: Your despatch No. 214, of the 25th ultimo, with the accompanying copy of the Turkish law conceding to foreigners the privilege of holding real estate in the Ottoman dominions, has been received and taken into consideration. In answer to your request for instructions upon the subject, I have to remark, that under our form of government the only valid acceptance by the United States of the conditions of the law in behalf of their citizens must be by treaty, and as such an instrument would probably be expected to embrace the rule of reciprocity in behalf of Turkish subjects who might wish to acquire real estate in this country, it is not probable that the Senate would approve of such a treaty, especially as the laws of many of the States restrict the holders of such property to citizens of the United States. The law and the protocol taken together seem to imply a relinquishment of consular jurisdiction, which it would not be desirable to agree to on behalf of our citizens. It is true that it is not probable that many of them would desire to possess landed property in Turkey. It may not also be sound policy of the government to encourage their enterprise in that direction. If, however, the occupation of real estate in their own names should be necessary for the business of such American citizens as may repair to that quarter, it is hoped that the law may be so modified as to make it more acceptable than it seems to be in its present form.

I am, sir, your most obedient servant,