we to-day behold our sentiments and our friendship under suspicion. In fidelity to our policy of harmony, we have done and shall do everything demanded of us in the interest of pacification and of peace. Likewise in the Cretan affair, of which the communication speaks, the Imperial Government for more than a year past has many times had occasion to declare that the conduct of Greece has been frank and loyal, and that Turkey has no reproach for the Hellenic Government. Moreover, Crete being confided to the hands of the protecting powers, the Royal Government can but leave to them the solution and submit to their decision. We repeat, therefore, the assurance that, since we are in no sense concerned in any movement for annexation, Greece will observe in the future the same correct and loyal attitude that has been hers in the past. We venture to hope that these frank explanations will dissipate every misunderstanding and will assist in bringing about an era of cordial and loyal relations between the Kingdom and the Empire for the greatest good of the two States. SIR: I have the honor to transmit herewith copy, with translation, of the second communication to Greece, delivered August 13, copy of the reply of Greece thereto, delivered August 18, and copy of the communication of the Greek Government to the ministers of the protecting powers at Athens, dated August 18, 1909. In Crete turbulence appears to have subsided. A force of sailors from the powers' fleet prevented the raising of the Greek flag on the fortress at Canea on Wednesday morning, August 18, and cut down the staff from which the flag had flown. This disposition of the flag episode seems to have been satisfactory on all hands. The provisional Government is preparing for the election of a new Chamber; and the status quo recognized by the joint note of the powers prior to the withdrawal of their troops is maintained. I have, etc., GEO. H. MOSES. [Inclosure 1.-Translation.] Second note of the Turkish Government to Greece, delivered August 13, 1909. Telegram received. We learn with regret that the president of the council wishes to demonstrate the correctness of the policy pursued by Greece toward the Empire. His excellency endeavors proof of this in the admission attributed to the Imperial Government. The repeated steps we have taken, through the medium of our minister at Athens as well as through that of the royal legation at Constantinople, in protest to the Royal Government against the behavior of Hellenic agents, the established presence in Roumelia of Greek officers in disguise, and the dispatch of a large quantity of contraband arms, are all proofs in support of our just complaints. As for the Cretan question, that is the concern, in fact of the Sublime Porte and the protecting powers alone. Greece has nothing to do with it. Since the attitude of the Hellenic Government has not hitherto been above reproach our only desire has been to induce it to make a clear and frank declaration along the lines laid down in my preceding com munication, with a view to the removal of all occasion for misunderstanding between the two countries. The reply of the honorable the president of the council has been entirely unsatisfactory on this point. We have full confidence in his conciliatory disposition, and are desirous of having a reply in consonance with our first communication. [Inclosure 2.-Translation.] Reply of Greece, delivered August 18, 1909. We observe with the liveliest regret that even after our reply to the communication which has been made by your excellency in the name of the Imperial Government, Turkey presses her complaints regarding the attitude of the Royal Government in both Roumelia and Crete. There can be no doubt that the anarchy which has for so long a time afflicted one of the Roumelian Provinces in particular has given rise to many misunderstandings; and no one can lament more than we the disturbance which has decimated and ruined those peoples without regard to race or religion. Accordingly when a new state of affairs gives hope of reestablishing order we are making every effort to facilitate, as far as in us lies, the task which the Imperial Government has to face. The measures taken by the Royal Government prove its resolute decision not to diverge in the smallest degree from this line of conduct. Touching Crete, the Imperial Government must surely admit that, in its preceding declarations, far from considering our former attitude as not above reproach, it has again and again declared the strict correctness thereof. Nevertheless, we take advantage of the opportunity given us by the Imperial Government's new communication to declare that the Royal Government will shape its conduct in all respects in conformity with the decisions of the protecting powers, refraining from encouragement of all agitation which might hereafter occur in the island. We hope that after these explanations the Imperial Government will acknowledge the honest purposes of Greece toward the Empire, and that it will have no cause for the continuance of misunderstandings so disastrous for the interests of the two countries. [Inclosure 3.-Translation.] The Greek Government to the four protecting powers. AUGUST 18, 1909. In response to the proposition of the great protecting powers the Royal Government hastens to submit for their high appreciation the following considerations in reply to the communication which the Imperial Ottoman Government has addressed to it on the subject of the attitude of Greece in both Macedonia and Crete. (Here follows text of the Greek note of this date to the Turkish Government.) GUATEMALA. APPLICATION TO AMERICAN CITIZENS OF GUATEMALAN DECREE PROVIDING FOR IMPRISONMENT, IN CASE OF FIRE, OF BENEFICIARY OF INSURANCE POLICY. File No. 21267/1. Vice and Deputy Consul General Owen to the Third Assistant Secretary of State. No. 321.] [Extract.] AMERICAN CONSULATE GENERAL, SIR: I have the honor to attach herewith a copy of the Guatemala official newspaper of July 26, 1909, containing the text of Government decree No. 699, and a translation thereof. Under this statute an American business man, of ordinary prudence, residing in Guatemala, seeking to protect his property by insurance, in the event of its destruction by fire, is held in prison until he can prove innocence. I have, etc., [Inclosure.-Translation.] Decree No. 699. WILLIAM OWEN. Manuel Estrada Cabrera, constitutional President of the Republic of Guatemala-Considering: That the majority of fires occurring in the country have originated in houses or establishments insured by the respective fire insurance companies, which gives room to believe in the culpability of those interested in the value of the insurance policy; That the primordial duty of the Government is to emit ordinances which will tend to stop unfortunate accidents, which, like those we treat, frequently leave innocent persons in misery and terminate in serious public evils; That, although the penal laws now in force clearly define the culpability of the incendiaries and the presumptions natural and legal which are sufficient to condemn the perpetrators of the crime, it is desirable to emit a statute more explicit, yet that will cover the interests of the public and protect them against the frequent attempts that have lately occurred, to the great alarm of the country; That, on the other hand, it is necessary to protect the interests of the insurance companies so that they may not be defrauded, and that the caution with which incendiaries proceed frequently prevents the authorities from immediately clearing up the criminal facts; that in such cases it is absolutely necessary to apply the natural presumption, to which the law alludes, with all its force; Wherefore, using the extraordinary faculties with which the National Assembly has invested me, I decree: ARTICLE 1. The burning of insured houses and establishments is presumed to be intentional, and in consequence, the persons interested in receiving the value of the insurance shall be put in prison and shall not leave it until they can prove their innocence. ART. 2. No bail shall be admitted to enable the said persons to remain out of prison until the final verdict shall have been given. ART. 3. The insurance companies are relieved from the obligation of an immediate payment while the case is on trial, but should it be to their interest to show proof that they are ready to verify it, they may deposit the amount of the policy in a bank which the judge of the trial court may name. Said sum to be given to whom it may belong when verdict is rendered, to which the preceding article refers. ART 4. The present decree will commence to have force of law from the date of its promulgation, and it will be referred to the Legislative Assembly at its next session. Given in the Executive Palace, in Guatemala, the 19th day of July, 1909. MANUEL ESTRADA C. The secretary of state in the department of interior and justice, J. M. REINA ANDRADE. File No 21267/1. No. 5.] The Acting Secretary of State to Minister Sands. DEPARTMENT OF STATE, Washington, October 7, 1909. SIR: With his dispatch No. 321, of August 9 last, Mr. Owen, the acting consul general at Guatemala City, inclosed a copy of Guatemalan executive decree No. 699, of July 19, 1909, providing that in the case of the burning of insured premises the beneficiaries of the insurance policy "shall be put in prison and shall not leave it until they can prove their innocence." You will bring this decree to the attention of the Guatemalan Government and say that the department deems the decree to be such a wide departure from correct juridical principles and so pregnant with possibilities of injustice that this Government could not view with indifference any attempt to apply its provisions to an American citizen. I am, etc., File No. 21267/2-3. ALVEY A. ADEE. Minister Sands to the Secretary of State. AMERICAN LEGATION, Guatemala, November 1, 1909. SIR: I have the honor to acknowledge receipt of the department's No. 5, dated October 7 last. I have communicated the department's view of the Guatemalan executive decree 699, on the presumption of guilt in case of the burning of insured premises, in a note to the foreign office. I have, etc., W. F. SANDS. No. 4.] [Inclosure.] Minister Sands to the Minister for Foreign Affairs. AMERICAN LEGATION, Guatemala, November 1, 1909. MR. MINISTER: I am instructed to bring to the attention of your excellency's Government decree No. 699, of July 19, 1909, providing that in case of the burning of insured premises the beneficiaries of the insurance policy "shall be placed in prison and shall not leave it until their innocence has been proved." My Government deems this decree to be such a wide departure from correct juridical principles and so pregnant with possibilities of injustice that it could not view with indifference any attempt to apply its provisions to an American citizen. I take, etc., File No. 21267/4. No. 17.] Minister Sands to the Secretary of State. W. F. SANDS. AMERICAN LEGATION, Guatemala, November 24, 1909. SIR: I have the honor to inclose copy and translation of the acknowledgment of the foreign office of my note of November 1, communicating the department's view of decree 699, on the presumption of guilt in case of the burning of insured premises. I have, etc., [Inclosure.] W. F. SANDS. The Undersecretary of State to Minister Sands. DEPARTMENT OF FOREIGN AFFAIRS, REPUBLIC OF GUATEMALA, Guatemala, November 19, 1909. MR. MINISTER: I have the honor to acknowledge the receipt of your excellency's attentive note No. 4, of the 1st instant, relative to decree No. 699 issued by this Government. I renew, etc., FELIPE ESTRADA PANIAGUA. JURISDICTION OF AMERICAN CONSULAR OFFICERS OVER ESTATES OF AMERICAN CITIZENS DYING ABROAD. File No. 20718/16-22. No. 6.] The Acting Secretary of State to Minister Sands. DEPARTMENT OF STATE, Washington, October 12, 1909. SIR: The department is in receipt of Mr. Heimké's dispatches Nos. 2271 and 234,1 dated, respectively, July 26 and August 16, 1909, inclosing copies of correspondence between him and the Guatemalan foreign office, concerning the settlement of the estate of Henry Baxton May, an American citizen, who died intestate at Esquintla, Guatemala, on June 9 last. 1 Not printed. |