File No. 21558/3.
The Acting Secretary of State to Ambassador Straus.
Washington, October 7, 1909.
Referring to department telegram of September 24 regarding the extradition of Memar Rizk, Mr. Adee informs Mr. Straus that the consulate at Cairo advised the department on October 2 that, as Rizk is a Syrian, the Egyptian minister for foreign affairs could not cause his arrest, but that he could be arrested on request from the Turkish Government, and in the meantime would be searched out and watched. Mr. Adee says that the governor of New Jersey has telegraphed the department that Rizk was never naturalized as an American citizen. Instructs Mr. Straus to informally and discreetly present the matter to the foreign office and to learn if possible if the Government is willing to surrender Rizk, notwithstanding the provisions of article 7 of the treaty. Mr. Adee instructs Mr. Straus in this connection to explain clearly that American courts have construed a similar clause as forbidding surrender by this Government of its own citizens, and that the surrender of Rizk by Turkey would be an act which the United States might not be able to reciprocate. Directs him, if the Ottoman Government is unwilling to undertake to surrender under these circumstances, to make inquiries as to the possibility of trial and punishment of Rizk in Egypt or wherever he be found. Adds that the department is desirous of securing from Turkey clear recognition of application of extradition treaty to Egypt, irrespective of the outcome of this particular case.