File No. 21641/16.

Chargé Harvey to the Secretary of State.

No. 9, Bulgarian series.]

Sir: Referring to the case of Vahan Nalbandian, whose extradition from Bulgaria was asked for by the police authorities of Lynn, Mass., on the charge of murder committed in that city, I have the honor to inform the department that after the receipt of the department’s instruction, Bulgarian series No. 30, of February 19, and upon the arrival of Stacey R. Burckes, the special agent of the President, named in the warrant accompanying the extradition papers inclosed [Page 126] in the said instruction No. 30 (Mar. 13), I prepared, with the aid and advice of Mr. Carter, a note to Gen. Paprikoff, the minister for foreign affairs of Bulgaria, a copy of which I herewith inclose, formally asking for the extradition of the said Nalbandian as an act of grace on the part of the Bulgarian Government, and again informing them, as I had previously done in the case of the Bulgarian Legation in this city, that, owing to the limitations placed by the Constitution of the United States upon the Executive, my Government would not be able to reciprocate under like circumstances.

As neither Mr. Burckes nor Mr. Wells, who accompanied him, could speak any language except English and were entirely unfamiliar with the necessary formalities in these countries, and as I was about to proceed to Sofia anyhow, Mr. Carter and myself considered it necessary for me to proceed to Sofia with the agents above referred to. We arrived at Sofia in the evening of March 15, and I obtained an audience and presented my note to Gen. Paprikoff in person, on the morning of March 17. I went over the matter fully with him and with Mr. Radeff, the chief of the political section, who had the matter in charge, and reiterated the impossibility of my Government to reciprocate. Gen. Paprikoff at once stated that he thought there would be no difficulty about the matter, but that, as it would have to be referred to the minister of justice, and that as some if not all the papers would have to be translated into Bulgarian, he would not be able to give me definite word before Saturday, March 19. On that day I received an informal communication that the extradition would be granted and that the formal papers would be delivered to me on Monday. I immediately communicated to Mr. Carter the information received, and steps were at once taken at Bucharest to arrange for his transit across Rouniania and Hungary to Fiume, as that route seemed to be the least troublesome and most expeditious, there being a Cunard Line steamer, the Ultonia, sailing from that port on April 2. On Monday I received a formal notice from the Bulgarian Government that the extradition would be granted. The Bulgarian Government also informed me that it would assume all the expenses incident to the retention of the prisoner while in Bulgaria, as well as his transportation to whatever port or city on their frontier that we might designate for his delivery to our agents. It also refused to allow me to pay for the translation of the papers, or, in fact, to bear any part of the expenses incurred in the whole matter while in Bulgaria. The whole attitude of the Bulgarian authorities was most courteous and obliging, and I took pains to assure them of the great appreciation of my Government and the legation.

I have, etc.,

Roland B. Harvey.

Chargé Harvey to the Minister for Foreign Affairs.

Mr. Minister: With reference to my telegram to your excellency of the 4th ultimo and the telegraphic reply thereto signed “Conseiller Dimitroff,” in which I was referred to the legation of His Majesty at Bucharest, all relating to the extradition of Vahan Nalbandian, alias Frank Jones, sought by the American police on the charge [Page 127] of murder committed in the city of Lynn, State of Massachusetts, United States of America, and now held at Silistia by the procurer of the tribunal, I have the honor to transmit herewith the warrant of the President of the United States authorizing Stacey R. Burckes, as his agent, to receive the accused and conduct him to the United States, and also all the other necessary documents pertaining to the case, properly authenticated. I may mention that Mr. Burckes is the inspector of police of the city of Lynn and is accompanied by Mr. Arthur G. Wells, of the State police.

Following upon the negotiations between this legation and that of His Majesty at Bucharest, I have now the honor to request formally as an act of grace on the part of His Majesty’s Government, the extradition of the said Vahan Nalbandian, alias Frank Jones, on the charge of murder, and that the necessary steps may be taken to deliver him to the above-mentioned agent of the President, Mr. Burckes.

I have the honor to express to your excellency the high appreciation of my Government for the great courtesy extended to it in this case by the Government of His Majesty the King of the Bulgarians, especially under the circumstances. As your excellency is no doubt aware, owing to the limitations imposed by the Constitution of the United States upon the Executive, it will not be possible, there being no treaty of extradition at present existing between the two countries, for my Government to reciprocate the gracious action on the part of the Government of His Majesty.

In assuring your excellency of my high consideration, I have, etc.,

Roland B. Harvey.