File No. 21558/5.
The Acting Secretary of State to Ambassador Straus.
Washington, October 13, 1909.
Referring to embassy’s telegram of October 9, Mr. Adee informs Mr. Straus that there should be no question about Turkey regarding the treaty as binding in view of the fact that the Turkish Legation in Washington on April 8, 1908, requested the issuance of a preliminary extradition certificate “under the extradition treaty existing between the United States of America and the Ottoman Empire” and stated that the crime for which the fugitive was wanted was “enumerated in section 1 of article 2 of the extradition treaty concluded between the United States and the Ottoman Empire August 11, 1874.” Mr. Adee says the department issued this certificate with the statement that it did so in “fulfillment of this Government’s obligations under the existing treaty of extradition between the United States and the Ottoman Empire.” Mr. Adee adds that the department regards this as deciding the point that treaty is now valid and operative as between Turkey and the United States and that nothing should be said to Turkey that would indicate that the department has any doubt upon this question and that the department is now concerned only in securing recognition from Turkey that treaty applies to Egypt. Instructs Mr. Straus to secure such information as may be obtainable regarding Egyptian law as to punishment of Rizk in Egypt.