Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 2, 1913

File No. 367.114M69/144.

The American Ambassador to the Secretary of State.

No. 217.]

American Embassy,
Constantinople, June 12, 1912.

Sir: I have the honor to acknowledge the receipt of the Department’s cable instruction of May 29th, wherein the Embassy was instructed, notwithstanding that the Ottoman Government might decline, to make upon the Ottoman Minister for Foreign Affairs in such manner as I might deem most appropriate a specific request for the surrender of Captain Macris, of the Archipelago American Steamship Company’s vessel Texas, to the jurisdiction of the American Consul General at Smyrna, reserving at the same time, in behalf of the United States Government, all rights in connection with this case.

On receipt of this instruction the Embassy directed the Consul General at Smyrna to renew his request for the custody of this captain. To the Consul General’s request the Governor General of Smyrna replied that he was awaiting instructions from Constantinople. Mr. Horton further reported, on June 6th, that Captain Macris was still in the prison ward of the Turkish hospital at Smyrna. The Embassy thereupon made to the Sublime Porte, in its note of June 8th, a copy of which is enclosed, a specific request for the surrender of this captain to the custody of the American Consulate General at Smyrna, to be tried by the American Consular Court for such charges as may be properly brought against him on account of any act committed by him while performing his duties as master of the said American vessel. Further the Embassy reserved, as instructed, all rights arising out of the sinking of this vessel.

I have [etc.]

W. W. Rockhill.

[Inclosure—Note verbale.]

The American Embassy to the Ministry for Foreign Affairs.

No. 91]

American Embassy,
Constantinople, June 8, 1912.

Referring to the Embassy’s memorandum of May 11th, 1912, regarding the matter of the sinking of the steamship Texas of the Archipelago American Steamship Company, wherein reservation was made for later discussion of the question of jurisdiction in this mattter, the Embassy of the United States of America now has the honor to point out that as the Texas was an American vessel, the property of an American corporation and flying the American flag, and as the captain of this vessel is held for a crime alleged to have been committed by him while aboard this American vessel and in his capacity as master of the same, he is subject to the same jurisdiction as would be an American citizen serving in like capacity.

The Embassy therefore specifically requests the surrender of Spiro Macris, captain of the steamship Texas at the time of her sinking, to the custody of the American Consulate General at Smyrna, to be tried by the American Consular Court for such charges as may be properly brought against him on account of any act committed by him while performing his duties as master of said American vessel. Further, the Embassy reserves, on behalf of the United States Government, all rights in connection with all questions arising out of the sinking of the said vessel in Smyrna Bay on April 29th, 1912.