File No. 367.114M69/175.
The American Ambassador to
the Secretary of State.
No. 316.]
American Embassy,
Constantinople,
November 14, 1912.
Sir: Referring to my telegram of November 12,
I have the honor herewith to enclose copies of the correspondence with
the Consul General at Smyrna since the announcement of the sentence
passed against Macris. Also enclosed herewith is the Embassy’s note
verbale No. 152, of the 13th instant, to the Porte on the same
subject.
As reported to you in my telegram above referred to, your telegraphic
instruction of November 11 had not yet been received when the Embassy
sent its telegram to Smyrna of November 12. It was afterward textually
repeated as directed.
I have [etc.]
[Inclosure 1—Telegram.]
The American Consul General at
Smyrna to the American
Ambassador.
American Consulate General,
Smyrna,
November 10, 1912.
Captain of the Texas has been condemned to
eighteen months imprisonment. Telegraph instructions.
[Inclosure 2—Telegram.]
The American Ambassador
to the American Consul General at
Smyrna.
American Embassy,
Constantinople,
November 12, 1912.
Your November 10. Report fully all court proceedings. Has captain
appealed against sentence? Now that Court considers offense as
misdemeanor, has bail been requested by him and accorded by Court?
As Embassy had notified the Sublime Porte that it does not recognize
jurisdiction of Ottoman courts, no civil action against the company
based on this recent sentence can be admitted. You should therefore
serve no summons on company nor send assessors or dragoman to Mixed
Court in connection with this affair.
[Page 1338]
[Inclosure 3—Telegram.]
The American Consul General at
Smyrna to the American
Ambassador.
American Consulate General,
Symrna,
November 13, 1912.
Captain was refused bail at the commencement of trial on the ground
that the charge brought was too serious. Present sentence based on
presumption that the sinking of the Texas by
whatever cause was due to the criminal negligence on the part of
captain, who is also condemned to pay cost of shells but not to
[of?] the mine, as sufficient evidence of a mine explosion can not
be obtained. At present captain fears to appeal lest he thus
recognize jurisdiction of the Court. Consequently cannot make new
request following bail. The right of appeal will terminate on
nineteenth November.
[Inclosure 4—Note verbale.]
The American Ambassador
to the Minister for Foreign
Affairs.
No. 152.]
American Embassy,
Constantinople,
November 13, 1912.
Referring further to the case of the captain of the steamship Texas, the property of the Archipelago
American Steamship Company sunk on April 29, 1912, and to its
several notes on the subject and more especially to its note No. 122
of the 27th of July, 1912,1 which remains unanswered,
the Embassy of the United States of America has the honor to inform
the Imperial Ministry for Foreign Affairs that it learns with regret
from its Consul General at Smyrna that, notwithstanding the requests
and the protests of this Embassy, the Ottoman Court at Smyrna has
proceeded with the trial of the said captain and condemned him to 18
months imprisonment.
Under these circumstances this Embassy, while reserving all rights in
the premises, hereby enters a solemn protest against the trial and
condemnation by the Ottoman Court at Smyrna of Spiro Macris, Captain
of the American steamship Texas, and it
maintains its views in regard to jurisdiction, which, as it has
stated by its several notes and for the reasons therein explained,
is vested in the American Consular Court at Smyrna.
This Embassy therefore begs to inform the Imperial Ministry that the
present case or this condemnation shall never be admitted as a
precedent in similar cases, nor that the present sentence, null and
void in itself, shall have any effect whatsoever which could in any
way work against the Archipelago American Steamship Company.
