Mr. Hardy to Mr.
Hay.
Legation of the United States,
Athens, June 8,
1900.
No. 48, Greek Series.]
Sir: I have the honor to inclose herewith three
unofficial letters exchanged between Mr. Romanos and myself in the case
of Economopoulos. It will be observed that throughout the entire
correspondence no real reply has been made to the reasons I have
advanced for his release. They have simply been met by a categorical
refusal. I have been reluctant to abandon this case, because the
attitude of the war office is in complete variance with precedent. It
seems to me, however, that if any further action be taken it should be
by express direction of the Department. If none such be deemed
warranted, it
[Page 645]
would appear
necessary, under the present ministry at least, to hereafter notify
former Greek subjects who appeal to the legation for intervention under
like circumstances that nothing can be done in their behalf.
By personal letter to the Corfu authorities, Mr. Romanos was recently
good enough to prevent the molestation of one Catechis, who returned to
Greece for a short visit under like circumstances; but it would
evidently be impossible to count upon such personal good offices, and
they would be unavailing after arrest.
I am, etc.,
[Inclosure 1.]
Mr. Hardy to
Mr. Romanos.
My Dear Mr. Romanos. I received your letter
of March 18 last, inclosing a notice which you say should serve as a
basis for a convention on naturalization between Greece and the
United States.
While admitting the right of your Government to enact any laws which
it deems proper concerning the military obligations of former Greek
subjects naturalized abroad, on their return to Greece, I do not
apprehend that my Government would formally assent, by a convention,
to a principle against which it has contended and which has been
definitely admitted by other Governments with which it has concluded
conventions on this subject. I have, however, transmitted the notice
above referred to to the Department of State, and am awaiting its
reply. Meantime, as I am shortly to leave Athens for Servia and
Roumania, not to return till October, I wished to reply to your
letter of March 18, and inform you that its inclosure had been duly
referred to the State Department.
Before leaving I beg to remind you of the case of Economopoulos, and
to express the hope that it may be arranged before I go. The
decisions of the legal council on doubtful administration, to which
I had the honor to call your attention, seem clear and conclusive,
and their validity has been admitted in the case of Catechis and
others. Whatever law or rule of procedure may hereafter be
established by proper authority for the settlement of such cases,
Economopoulos is entitled to the benefit of the rulings which were
in force at the time of his return to Greece.
I shall take an early opportunity to call upon you to present my
respects before my departure, and meantime, beg to assure you of my
high regard.
[Inclosure 2.]
Mr. Romanos to
Mr. Hardy.
Athens, 28 May, 5 June,
1900.
My Dear Minister: I have received the
letter you were good enough to write me on the 18/30 instant.
Mr. Tsamados again informs me that the release of the soldier
Economopoulos is absolutely impossible. Insoumis can in no wise urge
their acquisition of a foreign citizenship to escape their military
obligations.
A foreign nationality, acquired for this purpose, is regarded by all
writers on international law as fraudulent, and on this account
alone can not be a sufficient reason for violating the laws of the
country of one’s origin.
I extremely regret not to be able on this occasion to comply with
your wishes.
Accept, etc.,
[Page 646]
[Inclosure 3.]
Mr. Hardy to
Mr. Romanos.
My Dear Mr. Romanos: Since our conversation
of yesterday I have received your letter of the 5th instant. I thank
you for your expression of personal regret, but I can not understand
the position taken by the minister of war, who, you inform me,
declares that a foreign nationality acquired for the purpose of
evading military duty is held by all wrtters on international law to
be invalid. Economopoulos emigrated to the United States in his
fifteenth year, has since resided there uninterruptedly, and intends
to return and remain there permanently. His visit to Greece was for
a temporary purpose—a visit to a sick parent.
It can not be said that his naturalization was acquired for the
purpose of fraudulently evading military duty. The principles of
international law can not therefore be cited as a reason for
refusing to acknowledge his American citizenship. On the contrary,
the whole tendency of international law is affirmed by Calvo to be
toward the establishment of the right of expatriation. Indeed,
treaties and conventions are one of the chief sources of
international law, and this right has been expressly confirmed in
ten separate conventions concluded between the United States and
European States. I had understood from previous correspondence on
this subject that not international law, but the laws of Greece,
forbade the release of Economopoulos. For this reason I cited in his
behalf the decisions of the legal council on doubtful
administration, which I was informed by the highest legal authority
was a council expressly created for the interpretation of the laws
of the Kingdom. My note of April 3 appealing to these decisions
having received the approval of my Government, and being still
without answer, I await a reply for transmission to Washington;
unless, indeed, you desire that I myself should transmit the
substance of our conversation of yesterday, which I understand to be
as follows: That the legal council, although created to assist the
ministry in the interpretation of the law in doubtful cases, and
although its decisions, printed for record and general information,
have been applied in previous cases of a similar nature, is without
judicial authority; that its decisions are purely advisory in
character, and, in the present instance, are held to be contrary to
law and without effect.
I should, however, much prefer that you should be so good as to state
this fact officially in the form you deem most proper for
transmission to the Secretary of State.
Accept, etc.,
