File No. 367.114M69/171.
The American Consul General at Smyrna to the Secretary of State.
Smyrna , October 15, 1912 .
Sir: I have the honor to call the attention of the Department to its unnumbered instruction of June 5th, 1912, with enclosure of paraphrase of telegram to the Embassy dated May 29th, 1912, and respectfully to enquire whether any reasons have arisen to cause the Department to alter the opinion expressed at that time, with reference to the rights of jurisdiction in the case of the captain of the Texas.
The captain is still lying in a Turkish prison, and has recently been moved from the private room where he was put at the request of this Consulate General to a room where he is confined with a number of others accused of crime.
This Consulate General, soon after the sinking of the Texas, and acting under instructions from the Embassy, requested that the captain be turned over to its jurisdiction.
If the Department has modified its position, as expressed in the instruction referred to above, it is necessary for me to know it, that I may act with intelligence.
I have [etc.]