Mr. Hardy to Mr.
Hay.
Legation of the United States,
Athens, March 22,
1900.
No. 32, Greek series.]
Sir: I deem it advisable to inform you of the
present status of the case of Economopoulos, a naturalized citizen of
the United States, now held for military service in the Greek army, as
reported in my No. 30, of March 1, 1900.
As therein explained, Economopoulos arrived in Greece in September, 1899,
and was arrested the last of that month. Being without a passport, and I
being absent on leave, he did not then appeal to the legation, but sent
for his passport and certificate of naturalization. On their arrival,
early in January, 1900, he personally appeared and presented his case
for the first time.
On January 9 I addressed a note to his excellency, Mr. Romanos, asking
for Economopoulos’s release. On February 3 I received a reply, dated
January 30, asking proofs of identity, Economopoulos having changed his
name from Leonidas to Louis while in the United States. On the same
day—February 3—I sent to the war office the certificate of the Greek
consul in New York, which I had previously sent for, showing the above
names to belong to one and the same person. On February 20 I received a
note, dated February 16, from Mr. Romanos, declining to release the said
Economopoulos, and on the same day—February 20—renewed my former
request, citing the precedents. On February 28, having no reply, I
called on Mr. Romanos, who explained that he had not yet received the
decision of the war office. In the course of conversation he expressed
the desire to see the conventions on naturalization concluded by the
United States with other countries, and at his request on March 1 I sent
them to him with an explanatory letter, writing the Department at the
same time for instructions regarding such a convention with Greece (No.
30, of March 1, 1900).
[Page 637]
Somewhat later Economopoulos called at the legation in uniform, stating
his intention to desert if not speedily released. I counseled him not to
do so, and sent the vice-consul, Mr. Nicolaides, to the war office to
inquire unofficially when a decision might be expected. He was informed
the case was under consideration, and on March 10, being still without a
reply, I addressed another note to Mr. Romanos.
According to a decision of the legal council on doubtful administration
(collection of opinion and decrees No. 16, p.
290) it seems to be clearly recognized that while a former
Greek subject, duly naturalized according to law in a foreign country,
is liable, on his return to Greece, to the penalty prescribed by the
penal code, he is not liable to military service.
This opinion reads as follows:
Whereas, as is admitted by the council of revision, the appellant
has legally become a foreign subject, and consequently the Greek
authority can not seize and oblige him to fulfill an obligation,
even though that obligation existed before his naturalization,
for no one is constrained to render military service except on
the condition of being a Greek subject according to article 6 of
the law 15 (article 7 of the law now in force), and, on the
other hand, the State has ceased to have the right to constrain
the appellant to render such service. The fact that the
appellant is liable to penal proceedings is of no consequence,
inasmuch as the penal laws apply without distinction to all
persons residing in the country (article 3 of the civil law).
Therefore, etc.
While it thus appears that according to a Greek tribunal a change of
nationality without the assent of the King subjects a former Greek
subject only to the penalty prescribed by the penal code, in view of
Economopoulos’s long detention in the service, and believing his release
would be granted as a friendly act in accordance with precedent, I did
not cite the above decision in my correspondence with the foreign office
lest he should be turned over to the civil law and subjected to the fine
and further detention therein prescribed. From what I learn
unofficially, however, I fear that the war office will deny the legality
of its own action in the cases cited as precedents and rest its refusal
to release on the failure of Economopoulos to obtain royal assent to his
expatriation. In that case I see no other course than to appeal to the
foregoing decision. A similar appeal resulted in the release of Emanuel
C. Catechi in 1890 (Foreign Relations,
1890, p. 511); but that case differed from the present one,
inasmuch as Catechi had suffered already the penalty prescribed by the
penal code and was nevertheless still held in the military service.
Should the war office decline to release Economopoulos I propose to cite
the above decision as a reason for his exemption from any obligation to
serve in the army, and, should he be condemned under the penal code, to
endeavor to have the detention of nearly six months which he has already
suffered offset the penalty therein prescribed. Economopoulos called at
the legation to-day and stated that in the event of his release being
again refused he should desert.
I have, etc.,
[Inclosure.]
Mr. Hardy to
Mr. Romanos.
Sir: I have the honor to inform you that
Louis Economopoulos, a citizen of the United States, while visiting
his former home near Sparta, was arrested on the pretext that he was
liable for military service in the Greek army, and is now serving
with the Second Regiment, Fourth Battery, Field Artillery, located
at Athens.
[Page 638]
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 the fifteenth year of his age, in the month of
January, 1898, and was duly naturalized on the 23d day of August,
1899, a certified copy of said record and the original decree of the
court being on file in this legation. Since that time Economopoulos
has done nothing to prejudice the nationality thus acquired, and
desires to return to the United States.
I have the honor to request of your excellency that you will be so
kind as to bring these facts to the knowledge of the minister of
war, and to ask him to be so good as to release the said
Economopoulos and to remove his name from the rolls of the Greek
subjects liable to military service.
Entertaining no doubt that your excellency will at the earliest
moment take these measures, I seize this occasion to renew,
etc.,
[Inclosure 2.]
Mr. Romanos to
Mr. Hardy.
Athens, January 30,
1900.
Sir: In your note of the 9th instant you
did me the honor to ask the release from the army of one
Economopoulos, of Greek origin, who had been naturalized in 1899 as
a citizen of the United States of America.
The war department, to which I had communicated your note, informs me
that, before taking cognizance of the same, and in order to
establish the identity of the person in question, it desires to know
whether the request of your excellency concerns the soldier
Economopoulos in the Second Regiment, Fourth Battery, whose
baptismal name is not Louis, as stated in your note, but Leonidas.
The soldier in question is from the commune of Therapna.
In begging you to be so good as to enable me to reply to this request
from the war department, I take this opportunity, etc.
[Inclosure 3.]
Mr. Romanos to
Mr. Hardy.
Athens, February 16,
1900.
Sir: Referring to my note No. 605 of
January 30 last, I hasten to inform you, conformably to a
communication from the war department, that that department finds it
impossible to accede, as it would have wished to do, to the request
of your excellency concerning the release from military service of
the soldier Louis Economopoulos, inasmuch as on examination of his
civil status (titres de sujetion) it appears that his naturalization
as a citizen of the United States of America was irregular in
respect to the conditions which he should fulfill, according to the
laws of the Kingdom, in order to relieve himself of his obligations
as a Greek subject and to acquire a foreign naturalization.
The certificate of identification of the said Economopoulos is
herewith inclosed.
Accept, etc.,
[Inclosure 4.]
Mr. Hardy to
Mr. Romanos.
Athens, February 20,
1900.
No. 1.]
Sir: I have the honor to acknowledge the
receipt of your note of February 4–16 instant, in which you inform
me that, conformably to a communication from the ministry of war,
you find it impossible to comply with my request for the release of
one Louis Economopoulos, a naturalized citizen of the United States,
who, on the occasion of his return to Greece, on a visit to his
relatives, was arrested as liable to military duty.
[Page 639]
This refusal is so entirely at variance with precedent that I beg to
call Your Excellency’s attention to the following cases, which,
among others, are on record in this legation as bearing upon the one
now at issue:
Alexander M. Cassimus, born in the island of Othoni in February,
1862, emigrated to the United States in 1873, when 11 years of age,
where he was duly naturalized according to law in March, 1884, at
Montgomery, in the State of Alabama, being then over 21 years of
age. Returning to Greece in March, 1884, bearing his certificate of
naturalization and passport, to visit his parents, he was arrested
on his arrival at Othoni and taken to Corfu, where, at the
intervention of Mr. Woodley, consular agent of the United States,
and on the establishment of his claim to citizenship, he was
released. Before returning to America, where he has since resided,
he was notified by the Demarch of Othoni that his name had been
erased from the conscription list.
Emanuel C. Catechi, born in the island of Merlera, Corfu, emigrated
to the United States in 1872, when 14 years of age. After a
residence of about seven years he was duly naturalized at San
Francisco, Cal., on the 16th day of April, 1879, being then 21 years
of age. He continued to reside in the United States till 1885, when
he returned to Corfu to visit his parents, bearing his certificate
of naturalization and a passport issued by the Department of State
at Washington, and was duly registered as a citizen of the United
States at the United States consular agency in that place. Shortly
after his return he was conscripted, but on the establishment of his
claim to American citizenship was promptly released. Again arrested
in 1886, his name not having been erased from the recruiting list,
he was again released through the intervention of the United States
consular agent at Corfu. In May, 1890, he was again conscripted, and
was again, finally, released in compliance with the request of Mr.
Snowden, then minister of the United States at Athens.
In December, 1897, my predecessor, Mr. W. W. Rockhill, requested that
the name of D. N. Vasilatos be stricken from the recruiting list of
the Greek army for the following reasons:
Vasilatos emigrated to the United States in 1890, was duly
naturalized in 1893, and, desiring to revisit his native land, was
apprehensive that military service would be required of him by the
military authorities. Mr. Rockhill’s request was promptly
granted.
Georges Dragoman, after service in the Navy of the United States, was
duly naturalized a citizen of the United States in 1891. In 1898 he
was arrested at the Pireaus and sent to the naval depot at Salamis,
on the pretext that he owed military service to Greece. At the
request of Mr. Rockhill, Dragoman was set at liberty.
Elias Xanthakos, who emigrated after reaching the conscription age of
21 years, was released on the intervention of Mr. Alexander in
1895.
Peter Catzenis, who went to the United States at the age of 16,
obtained his release within twenty-four hours after application
therefor, in 1896.
Whatever the special circumstances attending these several cases,
release has invariably followed the establishment of the claim to
American citizenship. Some of them present complications from which
that of Economopoulos is entirely free. He emigrated in his
fifteenth year, was duly naturalized, and now returns for a brief
visit and with the avowed purpose to go back at once to the United
States to discharge his duties as a citizen thereof. His identity is
certified by the Greek consul in New York City. I must therefore
renew my request that Economopoulos, who has now been detained
several months and who desires, after a visit of a reasonable length
to his native village, to return to the United States, where he is
established in business, be at once set at liberty. I am persuaded
in so doing that your excellency, in consideration of the foregoing
facts, and in continuance of that friendly spirit which has always
characterized the relations of our respective Governments, will be
so good as to give this request an early and favorable answer.
Taking this occasion to renew the assurances, etc.,
[Inclosure 5.]
Mr. Hardy to
Mr. Romanos.
Sir: On January 9 last I had the honor to
send you a note asking you to be so good as to inform his excellency
the minister of war of the arrest of an American citizen, Louis
Economopoulos, and of his enrollment in the Greek army on the
pretext that he owed military service to the Greek Government. I
expressed the conviction
[Page 640]
that in view of the fact and for the reasons set forth in my note
the minister of war would not hesitate to take the necessary steps
for Economopoulos’s release.
In answer to your excellency’s reply of February 16 last, on February
20 I called your attention to the fact that my former request, far
from being of an exceptional character, was in full accord with the
friendly spirit which had hitherto marked the settlement of such
cases by the Greek Government, as well as with the principles
maintained by the Government of the United States.
Not having as yet received any reply to my note of February 20, and
in view of the serious injury to the interests of Economopoulos, due
to his compulsory service of over five months, I have the honor, on
behalf of my Government, to ask your excellency to be so good as to
give this matter your early attention.
I am, etc.,
