Mr. Jay to Mr.
Hay.
American Legation,
Constantinople, November 8,
1904.
No. 942.]
Sir: I have the honor to inclose copy of a
dispatch from the consulate-general, which itself incloses copy of a
dispatch from the
[Page 847]
American
consul at Smyrna, concerning a certain Xenophon Ralli, and copy of the
consulate-general’s reply to the consul. The facts of the case are as
follows:
In February, 1903, Mr. Leishman refused Xenophon Ralli a passport on the
ground that he had resided seventeen years permanently at Smyrna, and
that he had stated in his application that he had no intention of
returning to the United States.
Mr. Leishman reported the facts of the case to the Department, and his
refusal to grant a new passport was approved.
The consul at Smyrna now reports as follows: That this individual has had
some eight or ten criminal summonses made against him since Consul
Lane’s appointment to Smyrna, and has escaped them all owing to the
disinclination of the Ottoman authorities to prosecute in an American
consular court.
The man, on finding himself denied further protection by the legation,
makes a trip to America and obtains a new passport from the Department,
which is naturally in ignorance of the full facts of the case.
He at once returns to Smyrna and loses no time in having a fresh criminal
summons issued against him. He then proceeds to the consulate, shows his
new passport, and claims protection.
The consul naturally wishes to know whether he is, by virtue of his fresh
passport, to enjoy a further life of protection from the consequences of
his ill deeds.
I have felt myself compelled to instruct the consul to afford him every
protection pending the instructions I now beg the Department to give
me.
* * * * * * *
I have, etc.,
[Inclosure.]
Mr. Lyte to Mr.
Jay.
American Consulate-General,
Constantinople, November 5, 1904.
Sir: I beg to transmit you a copy of the
report of Consul Lane in regard to the recognition as an American
citizen of one Xenophon Ralli, who was refused a new passport by the
legation, but has since obtained one from the Department of
State.
Consul Lane requests the legation’s advice as to his being permitted
to enjoy American protection.
I attach a copy of my reply to the consul on the subject of the many
summonses issued against this individual by the Ottoman criminal
court and his escape from trial owing to the disinclination of the
authorities to appear before our consular court.
I am, etc.,
[Subinclosure.]
Mr. Lane to Mr.
Lyte.
American Consulate,
Smyrna, October 24,
1904.
Sir: I have to report that about ten days
since this office was in receipt of a note from the local
authorities, inclosing a summons from the criminal court of
[Page 848]
Smyrna to be transmitted
to Xenophon Ralli, erstwhile American citizen. In reply to same I
advised the director of foreign affairs, in a note verbale, that
since the 10th of March last Mr. Xenophon Ralli is considered by
this consulate as having lost his rights to American protection, and
at the same time I returned the summons.
I took this action in accordance with the refusal of the honorable
American minister to grant a passport to Ralli last March, and with
the observation contained in your No. 153, of March 10 last.
I have now to state that Ralli called at this consulate on Saturday
last and exhibited a passport bearing date of August 24 last, issued
at Washington by the Secretary of State, Hon. John Hay.
I immediately advised the local authorities that my recent note
concerning Ralli’s forfeiture of protection is null.
I am convinced that Ralli made his trip to America solely to obtain a
passport after having been refused one by the American minister, and
his immediate return to Smyrna proves his determination not to make
America his country of residence.
Under these circumstances I do not believe he should be permitted to
enjoy American protection in Turkey, and I request an instruction
from the minister on this matter.
In the summons above referred to Ralli is accused of incendiarism.
This is probably the eighth or tenth summons from the criminal court
that has been issued against Ralli since I have known him. All of
these he has escaped through the disinclination of the Turkish
authorities to appear before the consular court. Ralli takes
advantage of his immunity thus obtained in order to make himself
objectionable to his neighbors.
I am, etc.,
