Mr. Hardy to Mr. Hay.
Athens , October 2, 1900 .
Sir: Referring to my No. 48, Greek series, of June 8, last, inclosing copies of correspondence with Mr. Romanos in the case of Economopoulos, from which it appeared that Mr. Romanos denied that the decisions Nos. 16 and 17 of the council on cases of doubtful administration, under which I claimed the release of Economopoulos, were applicable to his case, I have the honor to report that before leaving Athens in June last I consulted the best legal authority in Athens on the constitution of the above council and the legal force of its decisions. I was informed that it has two functions, one advisory to the ministry, the other judicial. The decisions, Nos. 16 and 17, to which I made appeal in Economopoulos’s behalf, are decisions rendered in its judicial capacity on appeals made by the interested parties, and are absolutely final, the council consisting of the legal counsellor of the ministry for foreign affairs,’ the senior judge of the court of appeal, and the chief of the recruiting bureau. Mr. Romanos holds not only that these decisions apply only to the specific cases in which judgment was rendered and do not constitute general principles governing similar [Page 647] cases, but also that the decisions were themselves unconstitutional, and that the ministry which applied them was liable to impeachment therefor.
It being open, however, to Economopoulos to bring his case before this council by appeal on his own instance, without the intervention of the legation, I notified him through the vice-consul, on leaving Athens, that this course would be a proper and natural one for him to take. On my return I learn that, either on account of the expense involved or for some other reason not stated he does not care so to do. He therefore remains in the military service of Greece.
Having received several letters from former Greek subjects who, having become naturalized in the United States, ask if they can return to Greece, I have, in view of the attitude of the Greek Government and the absence of any naturalization convention, notified them that they do so at their own risk.
I have also informed Mr. Romanos in accordance with your No. 23, of June 6 last, that the United States would be unwilling to conclude any convention or naturalization which did not recognize the right of the individual to change his allegiance.
I am, etc.,