Mr. Hardy to Mr. Hay.
Athens, March 1, 1900.
Sir: I have the honor to make the following report on the case of Economopoulos, a naturalized citizen of the United States, now held for military service by the Greek Government.
It appears from the record of the district court of the United States for the eastern district of New York that Economopoulos emigrated to the United States in his 16th year, in the month of January, 1893, and was duly naturalized August 23, 1899, being then over 21 years of age. A certified copy of his original application for naturalization and his certificate of naturalization are on file in this legation. Economopoulos left New York on September 2, 1899, for a brief visit to his former home in Laraphon, a village of Laconia, intending to return within a reasonable time to Brooklyn, where he resides. Arriving at Laraphon, he was arrested and taken to Sparta, where, in spite of his declaration of American citizenship and against his protest, he was made to take the military oath. Brought to Athens, he was assigned to the fourth battery, Second Regiment Field Artillery, where he is now serving, being again forced under protest to subscribe to the oath required. The immediate cause of his return to Greece he alleges to have been the illness of his father, and, being summoned by telegraph, he did not have time to provide himself with a passport. There being no one in charge of the legation during the absence of the minister, he made no appeal until after my return from leave of absence in October last, but sent for the above-mentioned proofs of his citizenship. On their arrival he applied to the legation, and a note was addressed to the foreign office requesting his immediate release. Having changed his name in America from Leonidas to Louis, the war office declined to consider the case on the ground that identity was not established. Anticipating this difficulty, I had sent to the Greek consul at New York and obtained his certificate to the effect that the Louis naturalized August 23, 1899, and the Leonidas on the conscription list were one and the same person. In reply to my note communicating this certificate, the foreign office declined to release him on the ground that he had not fulfilled the condition of the Greek constitution requiring the assent of the King to a change of allegiance. This refusal was entirely at variance with the precedents on record in the legation and with the friendly spirit hitherto characterizing the settlement of similar cases. I therefore cited these precedents, calling attention to the fact that whatever the special circumstances of each case, release had [Page 635] invariably followed the establishment of the claim to American citizenship, and reiterating my former request. As, with one exception, I find no record that these cases have been officially reported to the Department, I append herewith for its information a brief statement of each. Failing to receive a reply to my last note of February 20, I yesterday called upon Mr. Romanos, minister for foreign affairs, who informed me that he had not yet received the decision of the war office.
In conversation with Mr. Romanos I mentioned the convention of 1870, on naturalization, between the United States and Austria-Hungary, and the desirability of some such agreement with Greece. I am inclined to believe that he would favor such, and that, if I were instructed to propose it, a favorable reception would be accorded it. I would therefore ask for instructions. At Mr. Romanos’s request I have sent him copies of our conventions with other governments on naturalization.
The present ministry is, I am persuaded, disposed to settle questions of this nature agreeably to our wishes, especially if this can be done unofficially. I am now endeavoring to forestall the raising of the definite issue officially in the case of one Catechise. Dionysius A. Catechise, a naturalized American citizen, recently telegraphed me from Corfu that he intended to visit his native island of Othoni and feared detention by the military authorities. He emigrated at the age of 15, was naturalized in 1895, and is established in business in the State of Alabama. Mr. Romanos was quite willing to write a private letter to the prefect of Othoni, which I trust will prevent complications. He assures me that arrest and detention is not usually due, primarily, to the action of the authorities, but results more often from the malice or jealousy of private informers, who make complaints to the local officers. Once brought to their knowledge the law must follow its course, and the Government finds itself in the position of either being obliged to offend a Government with which it desires to maintain the best of relations or of violating its written constitution and opening a way to the evasion of its conscription law. As a matter of fact I find in the records no official communication from the Greek Government notifying the legation of the release of the person detained for military service in the cases herewith appended. Although release was always obtained, it seems always to have been granted through a spirit of amity, without any formal, or at least recorded, recognition of the validity of the claim made by the legation. I am in hopes that the present case may be adjusted in this way.
Should the war office, however, refuse to release Economopoulos, the desirability of a convention which shall avoid the conflicting claims of a double allegiance would be apparent. I have the honor to ask whether it would be the pleasure of the Department that I should propose such a convention, as also instructions in the event of a formal refusal to release Economopoulos.
I am, etc.,