FRANCE. COMPLAINTS OF ALLEGED VIOLATION AT PACIFIC COAST PORTS OF CONSULAR CONVENTION OF FEBRUARY 23, 1853, BETWEEN THE UNITED STATES AND FRANCE. Mr. de Margerie to Mr. Hay. [Translation.] EMBASSY OF FRANCE, Washington, November 7, 1901. MR. SECRETARY OF STATE: The consul-general of France at San Francisco has just reported to me several incidents which tend to show that the stipulations of the Franco-American consular convention of February 23, 1853, are not strictly observed by the authorities of his residence. I deem it my duty to bring them to the favorable attention of the Department of State. The facts are as follows: In connection with a lawsuit of an absolutely private character brought against Mr. Tamm, a clerk in the French consulate, by Mr. Escande (the consulate, however, being in no wise concerned in the suit), a deputy sheriff of San Francisco, concealing his official character, made his way into the office of Mr. D'Allemagne, the consulgeneral, and offered to hand him a summons. Although reminded by the consul-general of France that Article II, paragraph 3, and Article III of the Franco-American consular convention of February 23, 1853, went counter to his pretension, the said deputy sheriff nevertheless persisted in his attempt. The summons was immediately taken back to the sheriff's office and, upon an oral complaint of Mr. D'Allemagne, that official was good enough to send him a letter, in which he expressed his deepest regrets for the act of his deputy in violation of the existing consular convention, and gave assurances that there would be no recurrence of such acts. Shortly thereafter, however, two other deputy sheriffs again called at the consulate of France with similar intent and at short intervals of a few days. Finding that the good intentions declared by the sheriff were not sufficient to insure proper respect for the privileges which guarantee the dignity of consular officers, Mr. D'Allemagne requested the district attorney of the county to take such measures as were necessary to protect him in the future against these repeated attempts to hand him judicial writs. This request did not seem to meet with all the success that could be desired, for, later on, a lawyer by the name of Shilling and Mr. Joseph Kelly, his secretary, twice attempted to hand the writ in question to Mr. D'Allemagne on the open street and by violent means. The consul-general of France then turned to the honorable district attorney of the United States. By a letter which he caused to be handed to him on the 7th of September last by Mr. S. J. Brun, counsel of the consulate of France, he acquainted him with the foregoing incidents and begged him to take toward the persons who had approached him in such irregular way such measures as should seem apt to insure respect for our consular convention and to rebuke acts in violation thereof. The district attorney of the Federal court of San Francisco replied that he could take no action in the matter except under formal instructions of the honorable Attorney-General of the United States. Mr. D'Allemagne applied at the same time to the governor of the State of California who, while expressing regret at the annoyances he had been subjected to, and his desire to prevent their recurrence, stated that, under the laws of the State, he could but refer the matter to the mayor of San Francisco, who alone, said he, had authority to insure, in the city, respect for consular immunities. Whatever measure may be taken in the future by the mayor, the fact remains that the sheriff of San Francisco, in spite of his having on one occasion admitted that the proceeding was illegal, himself ignored and permitted others to ignore the stipulations of the existing consular convention. Mr. D'Allemagne has had to contend with other difficulties, of another nature, in the discharge of his official duties. It seems that the provisions of the convention of 1853 are not observed in San Francisco as it would be desirable. I confine myself, for the present, to laying before you the difficulties connected with the Tamm case, and I should be very grateful, Mr. Secretary of State, if you would kindly communicate the foregoing remarks to the honorable Attorney-General of the United States with a request that he issue to the authorities under his orders such instructions as may be necessary to insure, hereafter, a strict observance of the convention of 1853, and to repress the irregular acts that have given to the consul-general of France occasion to complain of certain deputy sheriff's and lawyers of his residence. Be pleased, etc., P. DE MARGERIE. Mr. Hay to Mr. de Margerie. No. 426.] DEPARTMENT OF STATE, Washington, November 15, 1901. SIR: I have the honor to acknowledge the receipt of your note of the 7th instant, stating that the sheriff at San Francisco attempted to serve a writ upon the consul-general of France in that city in violation of the convention between the United States and the French Republic of February 23, 1853. I have referred the matter to the Attorney-General, and also to the governor of California, for action, and will gladly communicate to you such information as I may receive from them regarding it. Accept, etc., JOHN HAY. Mr. de Margerie to Mr. Hay. [Translation.] EMBASSY OF FRANCE, Washington, November 24, 1901. MR. SECRETARY OF STATE: I had the honor on the 7th of November last to draw your attention, in connection with a lawsuit brought at San Francisco against one of the clerks of the consulate of France, to the laches shown by some of the judicial authorities of that city in the observance of the prescriptions of Articles II and III of the Franco-American consular convention of February 23, 1853. I added that, in other respects, it seemed that the provisions of that convention were not observed at San Francisco and on the Pacific coast as it would be desirable that they should be. I take the liberty while on this subject to draw the attention of the Department of State to the difficulties encountered by the consulgeneral of France at San Francisco and the consular agents under him in securing the cooperation of the local police in cases provided for in Articles VIII and IX of the said consular convention. French shipping, notably sailing vessels, is rather numerous in the ports of San Francisco, Oakland, and at various other ports of the Pacific coast. Incidents unavoidably occur among the crews of those vessels, making it necessary for the consular officers to intervene and occasionally to pass sentences for the execution of which they are authorized under the convention of 1853 to request the assistance of the local police. The conditions are the same when it is a question of searching, arresting, detaining, and sending back to their ships or to France such seamen as may desert. Now, the peculiarly grievous conditions of the city of San Francisco, of which the Department of State is certainly aware, would precisely require that the local police be particularly unremitting in its protection of crews and foreigners. Labor troubles are unfortunately frequent, and strikers cause almost with impunity many disturbances. The local police seems to give but too slight attention to keeping away from the purlieus of the harbor a whole class of persons whose only occupation seems to be to induce seamen to desert and who are not afraid surreptitiously to come on board foreign merchant vessels in order to invite desertion. The consul-general of France has brought to the embassy's attention numerous instances in which the police authorities, though regularly called upon to do so, have failed to render him the required assistance. Sometimes they will detain in jail a seaman sentenced by the consul beyond the term pronounced by the latter, and instead of bringing him back to the ship as agreed, purely and simply set him at liberty, thus facilitating desertion. Sometimes they will, as they have done at Oakland and notably at Portland, answer the written and regular requisition of the consul with a statement that they are not acquainted with the requirements of the Franco-American consular convention. Again, they will decline to keep over the wharves a sufficient watch to prevent the enticers from plying their stealthy trade to the detriment of foreign crews. Many complaints, emanating either from the consul-general of France or from the masters of French merchant vessels themselves, have thus been laid before the embassy. I am sure, Mr. Secretary of State, that I need not do more than to bring this condition of things to your knowledge in order to secure for the embassy your kindly cooperation in remedying it. It would be urgent, in the first place, that the port and police authorities in ports on the Pacific coast, and notably in San Francisco, be made acquainted with the obligations laid upon them by the consular convention of 1853, and in the second place, as regards the authorities which are acquainted with them, it would be expedient that they be instructed strictly to comply therewith hereafter. I should be infinitely obliged if you would put me in a position to inform the consul-general of France at San Francisco that efficient measures have been taken to that effect both with the Federal authorities and the responsible local officials. I am confident that the Department of State will kindly assist the embassy in maintaining order and good behavior among the crews of the French merchant vessels that come to the Pacific coast and take an active part in the transportation by sea of United States produce. Be pleased, etc., No. 429.] Mr. Hay to Mr. de Margerie. P. DE MARGERIE. DEPARTMENT OF STATE, Washington, December 2, 1901. SIR: I have the honor to acknowledge the receipt of your note of the 24th ultimo, complaining of the nonobservance by certain officials at San Francisco, Oakland, and Portland of the provisions of the consular convention of February 23, 1853, and to inform you in reply that I have brought the matter to the attention of the governors of California and Oregon and of the Secretary of the Treasury, asking them to take such steps as will avoid similar complaints for the future. Accept, etc., JOHN HAY. Mr. Hay to Mr. de Margerie. DEPARTMENT OF STATE, Washington, December 10, 1901. SIR: Referring further to your note of the 24th ultimo, I have now the honor to inform you that the Secretary of the Treasury wrote, on the 4th instant, that the Bureau of Navigation of his Department had invited the attention of the authorities at Oakland, San Francisco, and Portland to the Franco-American convention of February 23, 1853, pointing out especially the provisions of that convention regarding deserters and those forbidding the boarding of vessels by unauthorized persons. Mr. Gage hopes that that action will obviate further complaints on the part of French consular officers at the places named. I have not yet received a reply to my letters to the governors of California and Oregon. Accept, etc., JOHN HAY. No. 433.] Mr. Hay to Mr. de Margerie. DEPARTMENT OF STATE, Washington, December 21, 1901. SIR: Referring further to your note of the 24th ultimo, I have now the honor to inform you that on the 12th instant the governor of California wrote that he had been unaware of any violation of the consular convention concluded February 23, 1853, between the United States and France; that he regretted exceedingly that there should have been the slightest cause for complaint on the part of the consul of the French Republic in the matter, and that he had brought the provisions of the convention to the attention of the judges, sheriffs, police officers, and peace officers generally, to the end that all future cause for similar complaints may be obviated. Accept, etc., No. 434.] Mr. Hay to Mr. de Margerie. JOHN HAY. DEPARTMENT OF STATE, Washington, December 24, 1901. SIR: Referring again to your note of the 24th ultimo, and to the Department's replies of the 2d, 10th, and 21st instant, I have now the honor to inform you that, under date of the 12th instant, the governor of Oregon writes that the law officers of the Portland district of that State have been served with notice of your complaint of the violation of the consular convention of February 25, 1853, and have been asked to take the necessary steps to bring about the observance of the provisions of that convention. The governor hopes that the consul-general of the French Republic will have no further cause to complain of a dereliction of duty in the direction indicated. Accept, etc., Mr. de Margerie to Mr. Hay. [Translation.] JOHN HAY. EMBASSY OF FRANCE, Washington, December 22 (27), 1901. MR. SECRETARY OF STATE: I have the honor to acknowledge the receipt of your notes bearing date of the 10th, 21st, and 24th instant, Nos. 432, 433, and 434, whereby, in reply to my note of the 24th ultimo, you were pleased to inform me: 1. That the Bureau of Navigation of the Treasury Department had called the attention of the authorities at Oakland, San Francisco, and Portland to the stipulations of the consular convention between France and the United States, of February 23, 1853, especially to those having reference to deserters, and prohibiting unauthorized persons from going on board of foreign merchant vessels. 2. That on the 12th instant the governors of California and Oregon, with a view to preventing a repetition of the complaints made by the consulate of France, had instructed judges, sheriffs, police officers, and |