File No. 702.6811/40.
The Chargé d’Affaires of Greece to the Secretary of State.
Washington, December 17, 1913.
Mr. Secretary of State: In an action brought by the Orthodox Hellenic Community of Philadelphia against Mr. Aristotéle Tsakonas, His Majesty’s Consul at Philadelphia, intended to compel the said Consul to communicate to the pastor of the Community the latter’s appointment by the Holy Synod of Greece, mailed by the Ministry of Foreign Affairs to the Consulate, the judge of the District Court of the United States for the Eastern District of Pennsylvania, Mr. Thompson, issued a decree placing Mr. Tsakonas under the injunction to hold the said papers in safekeeping until the further order of the court.
As that decree—a copy of which is enclosed, together with copies of the legal papers connected therewith1—constitutes an interference of the local judiciary with the performance of the official duties of an Hellenic consular officer and as the judicial authority assumes the right of controlling the action of the consular authority, thus subordinating it to its supervision contrary to the accepted usage of all countries, I have the honor, in pursuance of my Government’s instructions, to draw your excellency’s attention to the matter and to beg that you will kindly use such means as may be appropriate to secure through the proper judicial authority the repeal or rescission of the decree herein above discussed.
In an interview with the Counselor of the Department before Judge Thompson issued his decree, I had the honor to call the Department of State’s attention to the possible action of the judicial authority which was likely to infringe the Consular Convention in force between Greece and the United States, and in particular the provisions relative to the inviolability of consular archives and of the papers filed therein.
Be pleased to accept [etc.]
- Not printed.↩