Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II

No. 1079.
Mr. Straus to Mr. Bayard.

Legation of the United States,
Constantinople , April 30, 1888. (Received May 15.)

No. 71.]

Sir: Herewith I have the honor to inclose a copy, with translation, of a note verbale addressed to this legation by the Sublime Porte requesting me to direct our consul at Odessa not to oppose the sending of said Proios here, he having been demanded for extradition from Russia.

It is charged that said Proios, while in the employ of the sanitary office at Galata, had appropriated a considerable sum of money belonging to the taxes, and that he falsified the accounts (convaincu de faux en écritures). It will appear that it is claimed that said Proios is a Turkish subject; the records of our legation, however, show that said Proios is a naturalized American citizen. (See No. 68 of April 5, 1888, written by Mr. King during my absence.)

I have answered the Sublime Porte, stating that, as the said consul at Odessa was not in anywise under the jurisdiction of this legation, I had, with a view of expediting the matter, referred the same to the Secretary of State at Washington.

Should you decide to order our consul at Odessa to withdraw his opposition, permit me to suggest, if it be practicable, that such be done on condition that the Ottoman Government will agree to abide by the provisions of Article IV of the treaty of 1830, namely, that he be tried by the American consul, unless it can be shown that he is not a naturalized American citizen. This would avoid a very vexatious question under the disputed interpretation of said article of our treaty of 1830.

I have, etc.,

O. S. Straus.

[Inclosure in No. 71.—Translation.]

The Ministry of Foreign Affairs to the Legation of the United States.

Ministry of Foreign Affairs ,
March 31, 1888.

The Ottoman subject, Hercules Proios, formerly collector at the sanitary office of Galata, succeeded in making his escape to Russia after having appropriated a considerable sum of money from the taxes, the collection of which had been intrusted to him. By the investigation which has been made it was established, moreover, that he is convicted of having falsified his accounts.

The Imperial Government of Russia, from which the extradition of the accused was demanded, had him brought to Odessa to be forwarded to Constantinople, when the consul of the United States in that city intervened and opposed his shipment, claiming him as an American citizen. This opposition is the less justified as Hercules Proios is the son of Antonio Proios, an Ottoman subject.

However, as the question of his nationality can be reserved to be decided here, nothing prevents that this former functionary be brought to Constantinople in order to be tried in conformity with the law.

The ministry of foreign affairs begs in consequence the legation of the United States of America kindly to write by telegraph its said agent not to oppose further the sending of the accused to Constantinople.