My Government finds it difficult to reconcile this unusual decision with the admission of the competent authorities that the fugitive committed the acts with which he was charged and that these acts are illegal and fraudulent both in the United States and in Greece. Without going into details of the decision it is generally believed that the authorities attempted actually to try the case instead of confining themselves to ascertaining whether the evidence submitted by the United States Government was sufficient to justify the fugitive's apprehension and commitment for trial. There can be no doubt that the question of criminal intent referred to by the Hellenic Court would be fairly and judiciously passed upon by the courts in the United States. I am directed to add that my Government considers the decision utterly untenable and a clear violation of the American-Hellenic treaty of extradition signed at Athens May 6th, 1931.

Inasmuch as the Greek authorities have now seen fit on two occasions to deny the just requests of the United States made under the provisions of the above mentioned treaty, it is apparent that this treaty, although similar in terms to treaties which the United States has found effective in extraditing fugitives from other countries, cannot be relied upon to effect the extradition of fugitives who have fled to Greece. My Government therefore considers that from the American point of view the treaty is entirely useless. Accordingly I am instructed to give formal notice herewith of my Government's denunciation of the treaty with a view to its termination at the earliest date possible under its pertinent provisions." I avail myself [etc.] LINCOLN MACVEAGH

[Enclosure 2-Translation]

The Greek Minister for Foreign Affairs (Maximos) to the American Minister (MacVeagh)

No. 46071/I/8

ATHENS, November 9, 1933.

MR. MINISTER: By your note of the 5th instant, No. 263/33, you have informed me that, in consequence of the decision handed down by the Court of Appeals of Athens in the Insull case, the Government of the United States has judged it expedient to denounce the treaty of extradition signed May 6, 1931, with a view to its termination at the earliest date possible under its pertinent provisions.

In taking cognizance of your communication I think it is my duty to point out that it was in virtue of an express provision of the treaty in question that the Court of Appeals entered into the examination of the 41 The American Government's notice of abrogation of the treaty was ultimately withdrawn by a note dated September 30, 1937.

substance of the case. Indeed, by an exception to the principle usually underlying conventions of this nature, the treaty of extradition of the 6th of May, 1931 contains in its first article the following clause, due to a suggestion made by the Government of the United States during the negotiations:

"Provided that such surrender shall take place only upon such evidence of criminality, as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense has been there committed."

It is pertinent to point out that all the extradition treaties concluded by Greece, except that with Great Britain, are based on the exactly contrary principle, namely that it is not permissible for the Court considering the request for extradition to inquire into the basis of the charges preferred against the defendant. The adoption of such a system obviously facilitates the task of the authorities charged with deciding on requests for extradition, and it is noteworthy that its use in Greece over a considerable period of time has not yet given rise to any serious difficulties. I earnestly hope, Mr. Minister that the foregoing explanation will throw some light upon this matter and will help to clear up a misunderstanding which cannot but cause the Hellenic Government the most. sincere regrets.

Please accept [etc.]

D. MAXIMOS

251.11 Insull, Samuel/217 :Telegram

The Minister in Greece (MacVeagh) to the Acting Secretary of State

ATHENS, November 16, 1933-noon. [Received November 16--11:35 a.m.]

116. The Foreign Minister asked me to see him last evening and in a long informal conversation requested me to lay the following before the Secretary of State personally conveying at the same time his regards and remembrances: Greece would like to expel the fugitive but cannot legally expel him to any particular country. It is probable that any country he might choose would refuse to accept him and that he would be accepted only where he would be sure to be evicted. The Foreign. Minister stresses his anxiety on this point, representing the fugitive as not only possessing numerous friends in Greece who regard him as a pot of gold but as having the support of two court decisions, and he points out the difficult political position facing his Government should the fugitive complain that his expulsion under the conditions outlined was a virtual turning over to the United States authorities. He asks the

Secretary to consider his quandary and advise what the United States can do to facilitate expulsion by providing passport good for contiguous and other countries and assuring fugitive's acceptability therein.

MACVEAGH

251.11 Insull, Samuel/228 : Telegram

The Acting Secretary of State to the Minister in Greece (MacVeagh) WASHINGTON, November 22, 1933-3 p.m.

58. Your 116, November 16, noon. In the event that the Greek Government decides to expel Insull, and if it is necessary for him to be furnished with a valid travel document in order that such expulsion may be effected, the Department would be willing to rescind the cancellation of his passport accomplished by the Department's telegram of January 5, 1933, and to notify American Consular officers accordingly. Insull could be notified that the Secretary of State had authorized the cancellation to be rescinded.

Please continue to keep the Department informed of developments. Please advise Harness that the Department of Justice desires him to remain in Athens pending further instructions.

PHILLIPS

251.11 Insull, Samuel/293

The Minister in Greece (MacVeagh) to the Acting Secretary of State

[Extract]

No. 93

ATHENS, December 15, 1933. [Received January 8, 1934.]

SIR: In further reference to my despatches No. 74 of December 5th and No. 89 of December 15th, 1933,42 I have the honor to report that this afternoon the Foreign Minister informed me that I might confirm officially the reports appearing in the evening papers to the effect that Insull had been notified to leave Greece by the 31st of January. To my question as to what was to be done in regard to passport facilities, he replied that the government would get in touch with me.

43

The chief cause of the decision thus taken by the Tsaldaris Government 13 appears to have been the powerful effect on American public opinion of the recent court decision in the extradition hearings. Thorough com

prehension of the effect to be expected from that decision was evinced by the Foreign Minister when I took occasion to talk with him the day after the decision was handed down. But it needed the rising tide of American indignation as expressed in telegrams, letters, petitions, editorials, and even an interpellation in the Senate, to give his hand, at first unsupported, sufficient strength to control the vacillating Tsaldaris.

Respectfully yours,

LINCOLN MACVEAGH

ITALY

PROPOSED TREATY BETWEEN THE UNITED STATES AND ITALY CONCERNING NATIONALITY AND MILITARY OBLIGATIONS

711.654/60

Memorandum by the Ambassador in Italy (Garrett) 1

I had a talk with Rosso 2 tonight on the subject of dual nationality. I had been thinking of course a good deal about this matter and it seemed to me that it would be well to outline the position to Rosso before he went to Washington, in the hope that he and I, if we could work together, could be able to accomplish something definite. I told him that since 1870 it had been the desire of my Government to enter into a naturalization treaty with Italy but that this had never been possible up to now. I had talked frequently with Grandi on the subject and he had told me several times that there was no objection on the part of Italy to enter into such a treaty with the United States, except that it would open the way for other countries to invoke the most favored nation clause, and Italy would never permit Italian subjects to be drafted, for instance, into the French Army. As he put it once, Italy did not intend to present France each year with a battalion of soldiers.

Probably as a result of the many talks that had taken place on this subject, both before my arrival and since then, the Fascist Government had adopted a new policy in regard to dual nationality cases which as long as it worked was fairly satisfactory, and it had certainly resulted in a great diminution of what had been a constant source of irritation between the two Governments. Mussolini had also made most happy pronouncements in regard to the duties of men of Italian origin domiciled in America; that they should be loyal to the country of their adoption while not forgetting their origin and the cultural value attached to it. He had advocated the coming back to Italy of Italians abroad and the renewal of their contacts here, and to this we were far from having any objection. We had naturalization treaties with a number of European countries, for instance, Germany, but there were others like Italy with which we had none, for instance, France. But the number of Frenchmen in America was so small that there was little trouble as a result of this

1 Copy handed to the Under Secretary of State on October 14, 1932, by the Ambassador, temporarily on leave in the United States.

2 Augusto Rosso, newly appointed Ambassador to the United States.

3 Dino Grandi, Italian Ambassador in Great Britain; former Minister for Foreign Affairs.