File No. 367.114M69/152.
The American Ambassador to
the Secretary of State.
No. 234.]
American Embassy,
Constantinople,
June 28, 1912.
Sir: Referring to my cablegram of May 13,
regarding American consular jurisdiction in the case of the captain of
the steamship Texas at the time of that vessel’s
sinking in Smyrna harbor on April 29 last, and to your cabled
instruction of June 5, I have the honor herewith to enclose copies of
the notes verbales transmitted by the Embassy to the Porte in pursuance
of your instructions.
I have also to transmit herewith copy of a memorandum which I personally
handed to the Porte on the 11th of May when first the attention of the
Ottoman Government was called to the matter, according to your cabled
instructions of May 8.
I have [etc.]
[Page 1322]
[Inclosure. 1—Note verbale.]
The American Embassy to
the Ministry far Foreign Affairs.
No. 91.]
American Embassy,
Constantinople,
June 8, 1912.
Referring to the Embassy’s memorandum1 of May 11, 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 matter, 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 29,
1912.
[Inclosure. 2—Note verbale.]
The American Embassy to
the Ministry for Foreign Affairs.
No. 103.]
American Embassy,
Constantinople,
June 27, 1912.
By its note verbale No. 91 of the 8th instant, the Embassy of the
United States of America had the honor specifically to request the
surrender of Spiro Macris, captain of the American 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 might be properly
brought against him on account of any act committed by him while
performing his duties as master of said vessel.
This Embassy has now the honor to inform the Sublime Porte that it
has been surprised to learn through the American Consulate General
at Smyrna that the said Spiro Macris has been removed by the Ottoman
authorities from the hospital prison and thrown into the common
prison of convicted criminals.
This Embassy can not understand how, before the Sublime Porte had
done the Embassy the honor to give a reply to the memorandum of the
11th of May last requesting that the local authorities should not be
permitted to proceed further in the matter, and to the said note
verbale of the 8th instant, requesting the surrender of the said
Spiro Macris to the American Consulate General for trial, the
Ottoman authorities at Smyrna have been responsible for such action
altogether incompatible with the elementary rules of international
courtesy. While reiterating its above-mentioned requests, this
Embassy regrets to find itself obliged to enter a formal protest
against the action of the Ottoman authorities at Smyrna, which is
absolutely at variance with [the] friendly and most courteous
methods which have always characterized the relations between the
Sublime Porte and this Embassy.
[Inclosure 3.]
The American Embassy to
the Ministry for Foreign Affairs.
memorandum.
In the matter of the sinking of the American steamship Texas, flying the American flag, on the 11th
of May,2 1912, the
American Ambassador called at
[Page 1323]
the Sublime Porte and in an official
interview informed the Imperial Ministry for Foreign Affairs that,
having been informed that the captain of the said vessel had been
removed to the prison hospital, and reserving the discussion of the
question of jurisdiction, he had instructed the American Consul
General at Smyrna to request the Governor General of the Vilayet of
Aidin to inform him of the charges brought against the captain. In
case the local authorities would inform the Consul General that the
captain was held for alleged offense connected with the sinking of
the Texas, the Consul General was instructed
to point out that diversity of report existed concerning the cause
of the sinking of the said vessel, and to request the Ottoman
authorities that pending determination of this point, which is now
under investigation, they surrender to him for custody the captain
of the said American vessel.
In order to clearly and definitely understand the case, the
Ambassador requested the Imperial Ministry for Foreign Affairs to
immediately furnish the Embassy with a chart showing the exact and
actual location of the wreck, the buoys, the courses, and the ships
at the date of sinking, these data being absolutely necessary to
determine the facts of the case. The Ambassador further stated that
before the above chart was furnished and the facts of the case were
fully known, the local authorities should not be permitted to
proceed further in the matter. The discussion of damages also was
reserved.
American Embassy,
Constantinople,
May 11,
1912.
