Mr. Terrell to Mr. Gresham.
Constantinople, October 14, 1893. (Received October 30.)
Sir: My dragoman, Mr. Gargiulo, was appointed and confirmed as interpreter for this legation in 1873. He declared his intention to become a citizen of the United States before the clerk of the supreme court for the District of Columbia on the 24th day of June, 1881. He has been continuously from 1873 to the present time in the employment of the United States, duly commissioned as interpreter, and living at the legation office under the United States flag. He wishes to become a naturalized citizen of the United States. If his corporeal presence within the territorial limits of the United States for five years be necessary to meet the requirements of section 2170 of the Revised Statutes of the United States, then he could not even now be naturalized.
[Page 693]The judicial powers conferred oil the minister here must constitute him the judge of a court of record (See Revised Statutes sections 4083, 4084, 4085, 4086, 4090, 4103, 4109, 4110, 4125).
I am requested to inquire whether it is possible so to construe the doctrine of extra territoriality as that, Mr. Gargiulo may be regarded under section 2170 as having been “within the United States,” and whether I, as minister here, by virtue of the judicial powers conferred on me, may administer his oath of allegiance, and give him the evidence of his citizenship.
It should be stated that Mr. Gargiulo came to this post from Washington under instructions from your department after his appointment as interpreter, that he has been thenceforth continuously an officer of the United States, residing at the legation office, and performing his official duties for twenty years, and could not, without violating his official duty, have lived five years on any territory of the United States outside of the legation office.
You are aware how the doctrine of extraterritoriality has been enlarged in its application to Oriental countries, and you may regard the inquiry as a matter of sufficient moment to obtain the opinion of the Attorney-General.
I have, etc.,