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To the Senate:

I transmit, for the advice and consent of the Senate to its ratification, a convention signed November 18, 1901, by the respective plenipotentiaries of the United States and Great Britain to facilitate the construction of a ship canal to connect the Atlantic and Pacific oceans by whatever route may be considered expedient, and to that end to remove any objection which may arise out of the convention of April 19, 1850, commonly called the Clayton-Bulwer treaty, to the construction of such canal under the auspices of the Government of the United State, without impairing the general principle" of neutralization established in Article VIII of that convention.

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I also inclose a report from the Secretary of State, submitting the convention for my consideration.

WHITE HOUSE,

Washington, December 4, 1901.

THE PRESIDENT:

THEODORE ROOSEVELT.

I submit for your consideration and for transmission to the Senate, should you deem it proper to do so, with a view to obtaining the advice and consent of that body to its ratification, a convention signed November 18, 1901, by the respective plenipotentiaries of the United States and Great Britain to facilitate the construction of a ship canal to connect the Atlantic and Pacific oceans by whatever route may be considered expédient, and to that end to remove any objection which may arise out of the convention of April 19, 1850, commonly called the Clayton-Bulwer treaty, to the construction of such canal under the auspices of the Government of the United States, without impairing the "general principle" of neutralization established in Article VIII of that convention.

Respectfully submitted.
DEPARTMENT OF STATE,

Washington, December 2, 1901.

JOHN HAY.

The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans, by whatever route may be considered expedient, and to that end to remove any objection which may arise out of the Convention of the 19th April, 1850, commonly called the ClaytonBulwer Treaty, to the construction of such canal under the auspices of the Government of the United States, without impairing the "general principle" of neutralization established in Article VIII of that Convention, have for that purpose appointed as their Plenipotentiaries:

The President of the United States, John Hay, Secretary of State of the United States of America;

And his Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, the Right Honourable Lord Pauncefote, G. C. B., G. C. M. G., His Majesty's Ambassador Extraordinary and Plenipotentiary to the United States;

Who, having communicated to each other their full powers, which were found to be in due and proper form, have agreed upon the following Articles:

ARTICLE I.

The high contracting parties agree that the present treaty shall supersede the afore-mentioned convention of the 19th April, 1850.

ARTICLE II.

It is agreed that the canal may be constructed under the auspices of the Government of the United States either directly at its own cost, or by gift or loan of money to individuals or corporations, or through subscription to or purchase of stock or shares, and that, subject to the provisions of the present treaty, the said Government shall have and enjoy all the rights incident to such construction, as well as the exclusive right of providing for the regulation and management of the canal. ARTICLE III.

The United States adopts, as the basis of the neutralization of such ship canal, the following rules, substantially as embodied in the Convention of Constantinople, signed the 28th October, 1888, for the free navigation of the Suez Canal, that is to say:

1. The canal shall be free and open to the vessels of commerce and of war of all nations observing these Rules, on terms of entire equality, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of traffic or otherwise. Such conditions and charges of traffic shall be just and equitable.

2. The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder.

3. Vessels of war of a belligerent shall not revictual nor take any stores in the canal except so far as may be strictly necessary; and the transit of such vessels through the canal shall be effected with the least possible delay in accordance with the Regulations in force, and with only such intermission as may result from the necessities of the service.

Prizes shall be in all respects subject to the same rules as vessels of war of the belligerents.

4. No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible dispatch.

5. The provisions of this article shall apply to waters adjacent to the canal, within 3 marine miles of either end. Vessels of war of a belligerent shall not remain in such waters longer than twenty-four hours at any one time, except in case of distress, and in such case shall depart as soon as possible; but a vessel of war of one belligerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.

6. The plant, establishments, buildings, and all works necessary to the construction, maintenance, and operation of the canal shall be deemed to be part thereof, for the purposes of this treaty, and in time of war, as in time of peace, shall enjoy complete immunity from attack or injury by belligerents, and from acts calculated to impair their usefulness as part of the canal.

ARTICLE IV.

It is agreed that no change of territorial sovereignty or of international relations of the country or countries traversed by the beforementioned canal shall affect the general principle of neutralization or the obligation of the high contracting parties under the present treaty.

ARTICLE V.

The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged at Washington or at London at the earliest possible time within six months from the date hereof.

In faith whereof the respective plenipotentiaries have signed this treaty and hereunto affixed their seals.

Done in duplicate at Washington, the 18th day of November, in the year of our Lord one thousand nine hundred and one.

JOHN HAY.
PAUNCEFOTE.

[SEAL.] [SEAL.]

GREECE.

LIABILITY OF NATURALIZED CITIZENS OF THE UNITED STATES UNDER MILITARY AND EXPATRIATION LAWS OF THEIR NATIVE COUNTRY."

DEPARTMENT OF STATE, Washington, January 31, 1901.

NOTICE TO AMERICAN CITIZENS FORMERLY SUBJECTS OF GREECE WHO CONTEMPLATE RETURNING TO THAT COUNTRY.

The information given below is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of a foreign country.

The Greek Government does not, as a general statement, recognize a change of nationality on the part of a former Greek without the consent of the King, and a former Greek who has not completed his military service and who is not exempt therefrom under the military code may be arrested upon his return to Greece. The practice of the Greek Government is not, however, uniform, but American citizens of Greek origin are advised to find out before returning what status they may expect to enjoy. Information should be sought directly from the Greek Government, and this Department always refuses to act as intermediary in seeking the information.

There is no treaty on the subject of naturalized citizens between the United States and Greece.

Passports are not required in Greece, but may be useful in establishing American citizenship.

MILITARY SERVICE CASE OF LOUIS (LEONIDAS) ECONOMOPOULOS.b

Mr. Francis to Mr. Hay.

No. 26.] TROY, N. Y., July 13, 1901. SIR: I have the honor to report that a careful perusal of the records of the legation at Athens, supplemented by outside inquiries, convinced me it was my duty to secure, if possible, the discharge from the Greek army of Leonidas Economopoulos, a native of Greece, who in 1899 became a naturalized American citizen.

This particular case had been the subject of extensive correspondence between my immediate predecessor and the Greek Government. for a period extending over one year and a half; but, owing to the fact that no treaty covering such cases existed between the United States and Greece, the earnest, intelligent and persistent efforts of Mr. Hardy had been unavailing in the premises.

a See instruction to Austria-Hungary, December 10, 1900, page 7.
See Foreign Relations, 1900, p. 634.

I beg to submit the following correspondence:

His Excellency Mr. NICOLAS TZAMADOS,

LEGATION OF THE UNITED STATES,
Athens, March 27, 1901.

Minister of War.

Mr. MINISTER: I beg to call your attention to the fact that an American citizen is at present serving in the Greek army, and to request your excellency to give the particulars of the case, which I respectfully submit, your careful consideration.

Leonidas Economopoulos emigrated from Greece to the United States in January, 1893, at the age of 15 years, and, in accordance with the laws of that country, was duly naturalized in 1899. In September of the same year, receiving a telegram imforming him of the illness of his father, he hurried to his former home near Sparta without having previously procured royal assent to his expatriation from His Majesty the King of Greece. To his mind the urgency of the summons admitted of no delay. He contemplated an early return to Brooklyn, where he resided.

Shortly after his arrival in Greece, Economopoulos was arrested, and notwithstanding his declaration of American citizenship and against his protest, was compelled to enter the Greek army. In Athens he was assigned to the Fourth Battery, Second Regiment Field Artillery, and he is still in the Greek service.

While there is no naturalization treaty between Greece and the United States, it is believed your sense of justice in this particular case, as well as an act of comity toward the Government I represent, will induce your excellency to promptly order the discharge of Mr. Economopoulos in order that he may return to the country of his adoption where he is in every respect possessed of full citizenship.

In embracing this opportunity to exchange with you felicitations on the very friendly relations so happily existing between our respective Governments, I take occasion, etc.,

[No. 21759.]

Kingdom of Greece.

[Translation.]

CHARLES S. FRANCIS.

ATHENS, March 29, 1901.

The Ministry of War to his excellency the United States Minister.

SIR: In reply to your private and friendly letter of the 27th of March, relative to the dismissal from the Greek army of Leonidas Economopoulos, I have the honor to inform you that although I have the greatest wish to comply with your excellency's wish and to consider this act one of the smallest proofs of my friendly sentiments toward the Government which you represent, unfortunately the laws of this country do not permit me to order that the name of the above-mentioned Economopoulos be removed from the register of the conscripts and to order his dismissal from the Greek army, because he did not observe the formalities required by the Greek laws to obtain foreign nationality, as explained in the correspondence that has been previously exchanged on this subject. If an exception is made in the case of Economopoulos it must be extended as well to all Greeks who are residing in foreign countries. However, as I am inspired with extremely friendly sentiments toward the Government of the United States, and also toward your excellency, I shall order the discharge of Economopoulos from the ranks of the Greek army if I can find any reason whatsoever (of health or family) permitting me to dismiss him.

I take this occasion, etc.,

N. TZAMADOS, The Minister.
MINISTRY OF WAR,

Athens, June 2 (15), 1901.

Mr. MINISTER: I hasten to inform you that the soldier Economopoulos has just been discharged from the army. I have done my utmost since assuming the office of minister of war to expedite a solution of the case in which your excellency has kindly interested yourself, and I am pleased to know that the desired result has not been long delayed.

I beg you to accept, etc.,

B. BOUDOURIS,
Minister of War ad interim.

I have the honor to report that Economopoulos was actually discharged from the military service of Greece June 25, 1901.

I am, etc.,

CHARLES S. FRANCIS.

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