Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Mr. Adams to Mr. Seward.
Sir: I transmit to you copies of the notes which have passed between Lord Russell and myself on the subject of the form of exequatur used by the United States, as I was directed to bring it before him by your despatch No. 1027, of the 9th of July.
I likewise append a copy of the form granted by the British government, just as it passed through my hauds, in the case of Mr. Humphrey, which may prove convenient to you for reference.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Enclosures.]
1. Mr. Adams to Lord Russell, July 30, 1864.
2. Present form of exequatur to United States consul.
3. Lord Russell to Mr. Adams, August 6, 1864.
4. Mr. Adams to Lord Russell, August 18, 1864.
[Untitled]
My Lord: I am directed by my government to mention to your lordship that their attention has been of late drawn to the precise language in the form of exequatur granted to consuls of foreign states which has been for some years in use in the United States, and to the risk of embarrassment which appears likely to ensue by further perseverance in the use of it, in face of the numerous treaty stipulations extending the limits of consular jurisdiction, which have been entered into in the interval since that form was adopted.
The form as it now stands would seem likely to lead the consuls of those states with which the United States have not entered into any treaty engagements to believe that they could claim to enjoy the extraordinary privileges which have been secured to those of other states by virtue of special conventions. Such a construction would not be just to the United States, inasmuch as their consuls in other countries would not and could not think themselves entitled to claim any such special advantages in their turn, in cases where no reciprocal obligation had been entered into by those countries to grant them.
In order to obviate all danger of misunderstanding for the future, I am instructed to apprise your lordship that it is the intention of the President so far to modify the language of the exequaturs hereafter to be granted as to adapt it to the precise state of existing consular relations with other states, whether by treaty or otherwise. In the case of the consuls of Great Britain, with which country no material change by treaty stipulations has been made since the year 1815, the form adopted in 1816, in the case of Mr. Anthony St. John Baker, will in the event of new appointments be resumed. The same form will be used towards the consuls of all other states with which there are no special treaty stipulations. In those cases where special consular conventions have been negotiated and signed, the form of exequatur will be adapted to the precise stipulations of each treaty respectively.
[Page 281]Should it be the desire of her Majesty’s government at any time to enter into negotiations for a reciprocal extension of special consular privileges, I am instructed to inform your lordship that my government is prepared on its part cheerfully to respond to any overture.
I am further instructed to say that in the mean while all existing exequaturs, will be continued, but will be continued with the limitations heretofore understood to exist on both sides. If, however, it be desired, those which have been issued may be returned and cancelled, whereupon new ones with accurate annotations will be substituted.
I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, my lord, your most obedient servant,
Right Hon. Earl Russell, &c., &c., &c.
Victoria R.
Victoria, by the grace of God, Queen of the United Kingdom of Great Britain and Ireland, defender of the faith, &c., &c., &c. To all and singular our loving subjects to whom these presents shall come, greeting:
Whereas the President of the United States of America has, by a commission bearing date the seventh day of April last, constituted Mr. Nicholas L. Humphrey to be consul at Trinidad, and for such other ports as shall be searer thereto than to the residence of any other consul or vice-consul of the United States; and we having thereupon approved of the said Nicholas L. Humphrey as consul for the said United States according to the commission before mentioned, our will and pleasure are and we hereby require that you do receive countenance, and, as there may be occasion, favorably assist him, the said Nicholas L. Humphrey, in the exercise of his office, giving and allowing unto him all the privileges, immunities, and advantages thereunto belonging.
By her Majesty’s command:
[Untitled]
Sir: I have had the honor to receive your letter of the 30th ultimo, in which you inform me that the attention of the United States government has been drawn to the precise language of the form of exequatur granted to consuls of foreign states which has been for some years in use in the United States, and to the risk of embarrassment which appears likely to ensue by further perseverance in the use of it in the face of numerous treaty stipulations extending the limits of consular jurisdiction which have been entered into in the interval since that form was adopted.
It is accordingly the intention of the United States government to modify the language of the exequaturs to be granted hereafter, in the case of Great Britain and of other states with which there are no special treaty stipulations. The form to be henceforward adopted will he that of which you enclose a copy, which was employed in the case of Mr. Anthony St. John Baker, in 1816. In those cases where special consular conventions have been negotiated and signed, the form of exequatur will be adapted to the precise stipulations of each treaty respectively.
You add that should it be the desire of her Majesty’s government at any [Page 282] time to enter into negotiations for a reciprocal extension of special consular privileges, you are instructed to inform me that your government is prepared on its part cheerfully to respond to any overture.
In reply to this communication, I have the honor to request that you will be good enough to inform her Majesty’s government of the nature of the various consular treaties and conventions existing between the United States and foreign powers, and their specific stipulations. Her Majesty’s government would then be in a position to judge whether they would negotiate any fresh consular convention, or be contented to remain in the position of a power having no special consular convention with the United States.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Charles Francis Adams, Esq., &c., &c., &c.