File No. 702.6811/40.

The Acting Secretary of State to the Chargé d’Affaires of Greece.

No. 182.]

Sir: I beg to acknowledge the receipt of your note of December 17th relative to the action brought by the Orthodox Hellenic Community of Philadelphia against Mr. Aristotele Tsakonas.

It appears primarily to be the duty of the Consul to present to the court the means of defense which may be available to him under the Consular Convention between Greece and the United States; for until this is done it cannot be assumed by the Department that the court will disregard the applicable provisions of this Convention.

In any event it is not competent for this Department, which, under our system of government, is a part of the executive branch of the United States Government, to attempt to control or influence the deliberations of a Federal Court, which is a part of the judicial branch of the Government.

Accept [etc.]

J. B. Moore
.