File No. 21558/1.
The Acting Secretary of State to Ambassador Straus.
Washington, September 24, 1909.
Mr. Adee advises Mr. Straus that the following telegram has been sent to the American consulate at Cairo, Egypt:
Request of the appropriate Egyptian officials the provisional arrest and detention of Memar Rizk pursuant to the provisions of article 5, 1 and 2, of the extradition treaty of 1874 between the United States and Turkey. The fugitive is wanted for murder in New Jersey and a warrant of arrest has been issued. Turkey recognized the treaty as binding and effective by requesting extradition in April, 1908, pursuant to treaty terms. The Department of State honored the request by granting a preliminary certificate under article 5. The department holds that the treaty applies to Egypt, and considers it improper and not in accordance with present municipal law for American consular officers in extraterritorial countries to follow the practice of consuls of other countries by themselves apprehending and returning, by virtue of their extraterritorial powers and jurisdiction, criminals who are fugitives from justice in this country. Moore’s Extradition, volume 1, page 100; Digest, volume 4, page 259. Consult Digest, volume 4, section 606, and following as to preliminary mandate and provisional detention under extradition treaties.
Mr. Adee informs Mr. Straus that the telegram is quoted for his information, and instructs him to hold himself in readiness to render such assistance as may be necessary.
(Repeated also to the embassy at London.)