tion. Briefly stated, the principal provisions of the arrangement constituted between the United States and Turkey by the treaty, the letters and the declaration, are as follows:

1. The contracting parties join in declaring the régime of the capitulations in Turkey to be completely abrogated. In matters of personal status, domestic relations and personal succession, which were formerly within the jurisdiction of American consular tribunals, American citizens in Turkey are to be subject exclusively to the jurisdiction of American tribunals or authorities sitting outside Turkey. American citizens, equally with the nationals of the Allied countries, will benefit by the execution of the declaration regarding the administration of justice in Turkey.

2. American philanthropic, educational and religious institutions recognized prior to October 30, 1914, will continue to be recognized by the Turkish authorities, and the situation of such institutions existing but not recognized on July 24, 1923, will be favorably examined by the authorities with a view to regularizing their position. With respect to fiscal charges these institutions will receive the same treatment as similar Turkish institutions; and in general, due regard being had to the essential conditions of their operation, they are to be, equally with Turkish institutions, subject to Turkish laws, regulations and administrative arrangements of a public character.

3. The nationals of each of the contracting parties, subject to compliance with the local laws and regulations, including those regarding immigration, are to have complete liberty to enter and establish themselves in the territory of the other party; and while in such territory they are to enjoy the most constant protection and security for their property and their persons in accordance with generally recognized international law. They are assured, specifically, upon compliance with the local laws and regulations, complete liberty of conscience and worship; free access to courts of justice; the right to acquire, possess and dispose of movable property; the right, subject to reciprocity, to acquire, possess and dispose of immovable property so far as may be allowed by the local laws to foreigners in general; and the right to engage without hindrance "in every kind of profession, industry or commerce not forbidden by the local laws to all foreigners". (The

last of the rights here enumerated is worthy of special note for the reason that in the Allied-Turkish "establishment" convention, Article 4, the question of the right to engage in "the different forms of commerce, professions and industry" was reserved for separate conventions to be concluded between Turkey and the Allies within twelve months from the coming into force of the "establishment" convention. A similar reservation was opposed by the American plenipotentiary at Lausanne, with the result that a formula was worked out under which American citizens in Turkey will be accorded any right in this regard which may be accorded to other foreigners.)

4. Commercial, industrial and financial concerns organized and maintaining their head offices in either country are to be recognized in the other country and to be accorded the same protection as the nationals of their country.

5. Domiciliary visits and searches in dwellings and other buildings of citizens and concerns of either of the contracting parties may be effected only in accordance with laws, regulations and ordinances equally applicable to nationals of the country in which the buildings are situated.

6. The nationals of each country in the territory of the other are to be exempt from military service and from contributions in lieu thereof, and both individuals and companies are to be exempt from forced loans or other exceptional levies on property.

7. With respect to taxes the nationals of each country in the territory of the other are to be accorded the same treatment as natives of the country, and the companies of each country in the territory of the other are to enjoy the same treatment as any similar foreign companies.

8. Most-favored-nation treatment is mutually assured as regards freedom of commerce and navigation; import and export duties; consumption and excise taxes; transit duties and drawbacks; and the protection of patent and trademark rights.

9. Merchant and war vessels and aircraft of the United States are to enjoy complete liberty of navigation and passage in the Straits on a basis of equality with similar vessels and aircraft of the most-favored foreign nation, subject to the rules prescribed in the Allied-Turkish Straits convention. (The United States, it should be noted, assumed no obligations of a political or

military character with respect to the execution of the Straits convention.)

10. The rights and duties of consular officers are defined in accordance with international law and with provisions in existing treaties between the United States and other countries.

PRESENT RELATIONS BETWEEN UNITED STATES AND TURKEY

The treaties signed at Lausanne on August 6, 1923, are now before the United States Senate for action. Pending the ratification of these treaties there are, from the Turkish point of view, no treaties in force between the United States and Turkey. Of the arguments advanced in support of the Turkish point of view the strongest is perhaps that which is based upon actual or alleged changes in the essential conditions upon which treaties according capitulatory privileges were concluded with the former Ottoman Empire.1

The position of the Government of the United States has been that the treaty of 1830 and the protocol of 1874, to say nothing of the extradition treaty of 1874, can not be terminated except in pursuance of a new treaty, to be made effective in accordance with the constitutional procedure in each country. The treaty of 1830, it will be recalled, contains a provision for most-favored-nation treatment, and the protocol of 1874 provides that the immunities specified in the ancient treaties shall continue in force pending the revision of those treaties.

The Turkish position with reference to the continuance of the capitulatory privileges enjoyed by American citizens under the treaty of 1830 and the protocol of 1874 has been greatly strengthened by the fact that the revision of the ancient treaties contemplated in the protocol has actually been made and given effect under the terms of the Allied-Turkish settlement, which came into force in August, 1924, as well as under the terms of the treaties recently concluded and ratified between Turkey, on the one hand, and Germany, Austria, Hungary, Russia and Poland, on the other hand.

For discussions of the legal question of the right to terminate treaties on the ground of alteration of essential conditions, reference may be made to Pitt Cobbett, Leading Cases on International Law (Third Edition), Volume I, page 327, and to Lawrence, International Law (Second Edition), page 327.

The difference between the American and Turkish views of the status of the treaty of 1830 and the protocol of 1874 has been frankly recognized on each side, but up to the present time the American high commissioner and the American diplomatic and consular officers who maintain informal relations with the Turkish authorities have usually been able to adjust concrete cases affecting American citizens without raising sharp issues between the two Governments. Turkish interests in the United States, it may be noted, are at present in the care of the diplomatic and consular representatives of Spain.

It is questionable how much longer it will continue to be possible to conduct relations on the present basis without grave prejudice to American interests. Some significance may perhaps be attached to the following statement reported to have been made to the Associated Press at Brussels on October 30, 1924, by Fethi Bey, now prime minister of the Turkish Republic:1

... the new American treaty gives Americans the same rights as Europeans in Turkey. If the American Senate does not ratify the document, will this not result inevitably in giving Europeans a favored position?

Of course, the previous antiquated Turko-American treaty has lapsed and will have no force, because it was negotiated with a Turkish régime which no longer exists. That treaty and that régime have collapsed, like the unspeakable system of capitulations.

Over against the statement of the Turkish premier may be set the following statement made by Mr. Hughes with reference to the new treaty in an address before the Council on Foreign Relations at New York on January 23, 1924:

If such a treaty falls short of expectations, especially in that it acquiesces in the abrogation of the capitulations, it should not be forgotten that the only way to maintain the capitulations was to fight for them. It should also be borne in mind (1) that the Lausanne treaty is such a treaty as would be negotiated with any other sovereign state, (2) that it gives us the same rights as other countries will enjoy under the new régime, and (3) that by regularizing our relations with Turkey, now interrupted for nearly seven years, it will provide safeguards for American educational, philanthropic and commercial interests in Turkey.

1New York Times, October 31, 1924.

APPENDIX A.

SUMMARY OF THE TREATY OF AMITY AND

COMMERCE

PREAMBLE. The purpose of the treaty is to regulate the conditions of intercourse between the United States and Turkey and to define the rights of their respective nationals in the territory of the other in accordance with the principles of international law and on the basis of reciprocity. ARTICLE 1. Most-favored-nation treatment is accorded to the diplomatic officers of the two countries.

ART. 2. Provides for the abrogation of the capitulations relating to the régime of foreigners in Turkey, both as regards conditions of entry and residence and as regards fiscal and judicial questions.

ART. 3. Nationals of the High Contracting Parties have full liberty of entry, travel and residence upon conforming to the laws of the country, and shall enjoy protection in conformity with international law. Their property shall not be taken without due process of law or without indemnity. They may, under the local laws and regulations in force, engage in every kind of profession, commerce, etc., not forbidden by law to all foreigners. They shall have the right to possess and dispose of all kinds of movable property on a footing of equality with the nationals of the country. As regards immovable property, the nationals of each country shall, in the territory of the other, enjoy the treatment generally accorded to foreigners by the laws of the place where the property is situated, subject to reciprocity. They may own, lease and construct buildings for residential purposes or any other purpose permitted by the present treaty. Upon conforming to the laws they shall enjoy liberty of conscience and worship and shall, equally with the nationals of the country, have free access to the tribunals.

ART. 4. Commercial, industrial and financial companies and associations, organized under the laws of the United States and Turkey and maintaining head offices in the country in which they are organized, shall be recognized by the other country provided they pursue no aims contrary to its laws. They shall be entitled to the same protection as that accorded to nationals in Art. 3. Subject to the applicable laws they shall have free access to the courts. Such companies and associations shall, subject to the laws in force in the country, have the right to acquire, possess and dispose of every kind of movable property. As regards immovable property and the right to engage in commerce and industry, such companies shall enjoy, on condition of reciprocity, the treatment generally accorded by the laws in the locality where such companies