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No. 118.]

Mr. Hay to Mr. Russell.

DEPARTMENT OF STATE,

Washington, May 15, 1903.

SIR: I have to acknowledge the receipt of your No. 170, of the 26th ultimo, in which attention is called to article 14 of the law passed by the Venezuelan Congress approved April 16, 1903, which reads as follows:

The National Executive can not issue consular or vice-consular exequaturs to persons engaged in commerce.

You ask for specific instructions in case an exequatur is refused an American vice-consul or consular agent who comes within the category of persons engaged in commerce.

The right of consular representation between civilized states is established by the law of nations, and this unquestionable right is implied by the language of the article quoted. Yet it imposes such restrictions on its practical enjoyment as goes far to impair the advantageous enjoyment of the right itself. For, as is well known, many of these minor officials receive such small salaries and emoluments from their governments that it would be impossible for them to exercise and enjoy their official functions unless they were permitted to engage in

commerce.

The effect, therefore, of carrying out the provisions of article 14 would in these cases be the denial to the friendly Government of the United States of the right of consular representation. This Government, however, would be reluctant to believe that the friendly Government of Venezuela would decline to allow to the United States the privilege in question, if such would be the effect of putting into operation the article. You will, therefore, should the case mentioned in your dispatch arise, bring these views to the attention of the Venezuelan Government and earnestly express the grave concern with which the United States Government would regard the refusal to or the withdrawal from its vice-consuls or consular agents of their exequaturs on account of their enjoyment of the customary privilege of engaging in commerce. For it would practically result in an abnormal limitation of the right of consular representation, which is sanctioned by the usages and customs of nations and is one of the most striking evidences of their common civilization.

I am, etc.,

JOHN HAY.

INDEX.

A.

Page.

Accession of King Peter to Servian throne

716

Action of United States troops in Cuba and the Philippines, rejection of claims
of British subjects on account of.....
Address by United States minister at banquet given by President of Guatemala.
Admission of:

479

588

aliens into the Transvaal and Orange River colonies, regulations govern-
ing the

545

corporations of United States to engage in business in Austria-Hungary
Adoption of gold standard by Colombia..

17

130

Agents of the United States, commercial status and powers of, in Austria-
Hungary

14

Agreement by protocol:

between the United States and Venezuela for submission to arbitration of
unsettled claims of citizens of the United States

804

between Venezuela and Germany, to which the United States and other
powers are parties, respecting the reference of the question of the pref-
erential treatment of claims to the tribunal at The Hague
between Venezuela and Great Britain, to which the United States and
other powers are parties, respecting the reference of the question of the
preferential treatment of claims to the tribunal at The Hague
between Venezuela and Italy, to which United States and other powers
are parties, respecting reference of question of preferential treatment of
claims to the tribunal at The Hague..

439

477

611

Alaskan boundary:

convention between the United States and Great Britain providing for the
settlement of questions between the two countries with respect to the
boundary line between the territory of Alaska and the British posses-
sions in North America...

488

correspondence between the Governments of the United States and Great
Britain after the ratification of the Alaskan boundary treaty of January
24, 1903...

493

decision of the Alaskan Boundary tribunal under the treaty of January
24, 1903, between the United States and Great Britain .

543

Aliens:

admission of, into the Transvaal and Orange River colonies; regulations
governing the.

545

in Venezuela-rights of (involving issuance of consular or vice-consular
exequaturs to persons engaged in commerce)

806

Amazon River, free navigation of, in Brazil

American:

36

citizen; attack on H. C. Shipley by Turkish policeman in Smyrna..
citizens; murderers of, in Mexico; failure to apprehend and punish.
institutions, educational, charitable, and religious, in Turkey; negotiations

733

665

with Turkish Government with reference to official recognition of, etc.
interests; Tabriz, Persia; protection of, by British consul-general...
residents of Pengyang, Korea, discourteous treatment of, by Korean
officials....

735

692

626

Amiral Fourichon, French steamship, stoppage of, at sea by a United States
war vessel

408

Annual message of the President of the United States.
Anniversary of reign of King Christian IX, fortieth

vii

387

Application, passport, of Lazarus Marks and his son David, in Guatemala..........

594

Arbitration:

Page.

claims of citizens of United States against Venezuela, agreement by proto-
col for submission to.....

804

donation of court-house and library for the permanent arbitration court
of, at The Hague..

Argentine Republic:
message of President of.

"Monroe doctrine" and diplomatic claims of European powers

Arrest:

and detention, provisional, of Charles Kratz, charged with bribery, whose
extradition is asked from Mexico....

and subsequent release of Alberto Posadas, a naturalized citizen of the
United States, for refusal to pay a forced war loan to the Government
of Guatemala

and delivery to German consuls of deserters from German vessels in United
States ports; construction of treaty provisions regarding
Assassination of:

King Alexander and accession of King Peter to Servian throne..........
United States vice-consul at Beirut, attempted.

Assistance rendered by citizens of United States to famine sufferers in Sweden;
thanks for

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Attack on H. C. Shipley, American citizen, by policeman at Smyrna, and
reparation made therefor by Turkish Government..

733

Attacks on Syrians, naturalized citizens of the United States resident in
Colombia..

127

Attempted blockade by Dominican Government, by decree, of ports held by
insurgents

Attitude of:

Colombian Government toward United States missionary schools..
French Government in regard to claims of its nationals against Venezuela.
the United States Government in the event of the Colombian Government
landing troops in the Republic of Panama....

Audience:

of the diplomatic corps with the Emperor of Korea, ceremonial..............................
of the United States minister with the Sultan of Turkey, to present message
from the President in regard to educational institutions, etc..
Austria-Hungary:

admission of United States corporations to engage in business in Austria-
Hungary

396

123

410

278

633

735

right and method of renunciation of United States citizenship.
status and powers of commercial agents of the United States..
Authentication of documents for use in Cuba.......

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Beirut, Turkey, attempted assassination of United States vice-consul at..
Blockade, by decree, ports held by insurgents; attempt of Dominican Govern-
ment to enforce

Boundary, Alaskan:

convention between the United States and Great Britain providing for the
settlement of questions between the two countries with respect to the..
correspondence in regard to, between the United States and Great Britain.
decision of the Alaskan Boundary Tribunal

Brazil:

free navigation of the Amazon River.............

message of President of, to Brazilian Congress (extracts)..

769

396

488

493

543

Monroe doctrine, press comments on note of Argentine Government to
the Government of the United States

treaty and protocol between the United States and Brazil for the extra-
dition of criminals.......

Bribery, extradition of Charles Kratz from Mexico, charged with..
Brigandage and rebellious movements in China..

British claims on account of losses incurred through action of United States
troops in Cuba and the Philippines, rejection of......

British consul-general at Tabréz, Persia, proteciion of American interests by..
Bulgaria, establishment of diplomatic relations with
Business, admission of corporations of the United States to engage in, in
Austria-Hungary..

692

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24

27

674

79

479

17

C.

Canal:

interoceanic, across the Isthmus of Panama; correspondence concerning
the convention between the United States and Colombia for the con-
struction of

Page.

rejection of canal treaty by Colombia (under correspondence concerning
the convention, etc.)

132

message of the President of the United States concerning the construction
of..

260

132

333

686

637

treaty with Panama providing for; action of municipalities approving rat-
ification of treaty by Government Junta..

Carnegie, Andrew, donation of a court-house and library for the Permanent
Court of Arbitratfon at The Hague

Chemulpo, Korea, ownership of certain lands in general foreign settlement at.
China:

citizenship of Chinese and Japanese women married to United States citi-

zens.

commercial treaty between Great Britain and China..
consular jurisdiction in Chinese territory leased to Russia..

consuls engaged in business, right of, to take part in deliberations of con-
sular body.

expiatory monument erected in memory of Baron von Ketteler, late Impe-
rial German minister to China

foreigners in Peking, rights of..

Manchuria, correspondence concerning open ports, evacuation by Russia,

etc

rates of import tariff, etc..

rebellious movements, brigandage, etc., in China..

right of United States war vessels to visit Chinese inland waters.

treaty between the United States and China for the extension of the com-
mercial relations between them

Chinese and Japanese women married to United States citizens, citizenship of.
Chinese:

protection of, in Gautemala, by United States minister
territory leased to Russia, jurisdiction of consuls in.......

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Circular to diplomatic and consular officers: recognition of the Republic of
Panama

LXXXIII

Citizens, American:

murderers of, in Mexico, failure to apprehend and punish....
railway employees, imprisonment of, in Mexico....

665

645

Citizens of the United States:

claims of: protocol of agreement between the United States and Venezuela
for submission to arbitration of, unsettled...

thanks for assistance rendered by, to famine sufferers in Sweden...
Citizenship of Chinese and Japanese women married to United States citizens.
Citizenship, United States, right and method of renunciation of, in Austria-
Hungary.

Claims of:

804

731

44

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British nationals against the Government of Venezuela, difficulty with
Great Britain growing out of nonpayment of, by Venezuela..........
British subjects on account of losses incurred through action of United
States troops in Cuba and the Philippines; rejection of...........
European powers, and "Monroe doctrine" views of Argentine Govern-
ment upon..

452,788

479

1

French nationals against the Government of Venezuela, attitude of
French Government toward..

410, 788

German nationals against the Government of Venezuela, difficulty with
Germany on account of..

417, 788

Italian nationals against the Government of Venezuela, difficulty with
Venezuela on account of

601, 788

preferential treatment of claims, reference of question to The Hague Tri-
bunal, protocol providing for.

439, 477, 611

United States citizens against the Government of Venezuela, protocol of
agreement for submission to arbitration...

804

Coaling or naval stations, lease of to the United States in Cuba..

350

Collection of alien head tax from foreign diplomatic and consular officers
entering the United States from Mexico, diplomatic immunities..
Colombia:

661

adoption of gold standard by Colombia.

130

Colombia-Continued.

attitude of Colombian Government toward United States missionary
schools

attitude of the United States Government in the event of the Colombian
Government landing troops in the Republic of Panama ...
convention between the United States and Colombia for the construction
of an interoceanic canal across the Isthmus of Panama, correspondence
concerning the .

declaration of independence of Panama

freedom of transit across Isthmus, instructions to naval and consular officers
concerning.

message of the President of the United States transmitting a statement of
action in executing the act entitled "An act to provide for the construc-
tion of a canal connecting the waters of the Atlantic and Pacific oceans,
approved June 28, 1902".

Page.

123

278

132

258

247

260

mob attacks on Syrians, naturalized citizens of the United States
Panama, intention of government of, to assume portion of exterior debt of
Colombia, etc.

127

281

reception of minister of Panama..

245

rejection of canal treaty by Colombia (under correspondence concerning
convention, etc.)

132

relations of the United States with Colombia and the Republic of Panama.
revolution on the Isthmus of Panama and establishment of independent
republic.

283

230

Commerce, issuance of exequaturs to consuls or vice-consuls in Venezuela
engaged in..

806

Commercial agents of the United States, status and powers of, in Austria-Hun-
gary..

14

Commercial convention between the United States and Cuba..
Commercial treaty:

375

between Great Britain and China....

551

between the United States and China, text of..

91

Construction of an interoceanic canal across the Isthmus of Panama, corre-
spondence concerning the convention between the United States and Colom-
bia providing for the

132

Construction of treaty provision regarding arrest and delivery to German con-
suls of deserters from German vessels in United States ports..
Consul, United States vice, at Beirut, attempted assassination of..

411

769

Consular convention between the United States and Greece, defining the
rights, privileges, and immunities of officers of the two countries....
Consular jurisdiction in Chinese territory leased to Russia..........

Consular officers:

collection of alien head tax from diplomatic and consular officers entering
the United States from Mexico..

565

84

661

in Dalny, jurisdiction of ..

708

right of, to apply to local German authorities for information.
Consular or vice-consular exequaturs, issuance of, to persons engaged in com-
merce in Venezuela..

444

806

Consuls engaged in business in China, right of, to take part in deliberations of
consular body.

82

Consuls, United States, right of, to receive effects of United States citizens,
deceased, on British territory or vessels.....

483

Convention:

Alaskan boundary, convention between the United States and Great
Britain for settlement of questions relating to.......
commercial convention between the United States and Cuba..
commercial convention, supplementary, between United States and Cuba.
consular convention between the United States and Greece, defining the
rights, privileges, and immunities of consular officers in the two countries.
extradition, supplementary, between the United States and Mexico for the
mutual extradition of fugitives from justice

488

375

381

565

672

Copyrights and trade-marks in Japan...........

Corporations of United States, adinission of, to engage in business in Austria-
Hungary
Correspondence:

between the Governments of the United States and Great Britain after the
ratification of the Alaskan boundary treaty of January 24, 1903......................
concerning the convention between the United States and Colombia for
the construction of an interoceanic canal across the Isthmus of Panama.

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