Mr. Smythe to Mr. Gresham.

No. 108.]

Sir: I herewith transmit a dispatch, with translation, received yesterday from the foreign secretary, in answer to my second communication in regard to the expulsion of Eugene Wiener.

You will observe that the foreign office holds to the views heretofore expressed, notwithstanding my strong reiteration of the position of my Government in this behalf, and affects to consider the incident closed. In this dilemma I ask further instructions from the Department. I will, however, in a few days respond to this dispatch, repeating the tenor of my instructions and suggesting that the question of morality can hardly be considered in a matter involving treaty obligations.

I am, etc.,

Henry M. Smythe.
[Inclosure in No. 108.—Translation.]

Mr. Marcelin to Mr. Smythe.

Mr. Minster: I have the honor to reply to the dispatch dated the 15th of this month, by which you request my Government to furnish your legation with proof of the acts which have caused the expulsion of Mr. Eugene Wiener, acts which he naturally denies.

I thought that my preceding dispatch would fully inform you of the opinion of my Government on the subject.

You will kindly permit me to remind you, Mr. Minster, that a sovereign State can not be held, before the expulsion from its territory of an individual whose presence it judges to be dangerous, to furnish the interested legation with the proofs and the police reports made against him.

These documents, you will easily understand, constitute a part of the archives of State and can not be communicated. It seems to me, moreover, conformable to the rules of international law that such a manner of acting would tend to nothing less than to submit in circumstances of such nature the decision of the Government to the approbation of a diplomatic representative accredited near to it.

Neither does it appear to me to be admissible that the statesmen who govern with such equity the Republic of the United States could contest these principles, especially to the benefit of persons whose morality leaves something to be desired.

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I have the hope, Mr. Minster, that this incident will be closed henceforth between your legation and the department in view of the information which I have had the honor to furnish to you, and I renew, etc.,

F. Marcelin,
Secretary of State ad interim of Foreign Relations.