Mr. Gresham to Mr. Terrell.
Department of State, February 9, 1894.
Sir: I have received your dispatch, No. 148, of the 5th ultimo, in relation to the case of Dr. Franklin, a citizen of the United States, who is charged by the Turkish Government with having killed a child by malpractice. For that alleged offense it appears that the Turkish Government sought to expel him from its dominions.
The laws of the United States provide for the punishment, in accordance with the terms of article 4 of the treaty of 1830, of American citizens who commit offenses in Turkey. The provisions of that article have been the subject of a prolonged discussion, the nature of which is explained in an instruction to Mr. Hirsch, No. 142, of December 22, 1890. The proposed action of the Turkish Government in regard to Dr. Franklin appears to involve an attempt to avoid the stipulations of the treaty by resorting to the measure of expulsion. This is obviously inadmissible. Your refusal to accede to the request of the Porte is therefore approved.
I am, etc.,