Mr. Thompson to Mr.
Gresham.
Legation of the United States,
Petropolis
,
August 27,
1894
. (Received September 25.)
No. 275.]
Sir: Referring to your No. 142, of June 19,
inclosing certificate of appointment of Reuben Cleary as deputy
consul-general of the United States at Rio de Janeiro, and instructing
that application be made to the foreign office for the recognition of
Mr. Cleary in his official capacity, I have the honor to report that in
pursuance of the instruction application was made for an exequatur,
which the minister for foreign affairs declines to grant.
The reasons, as set forth in his note to this legation of the 9th
instant, for refusing the request, are that the office of deputy
consul-general, being merely auxiliary to that of the consul-general,
the prerogatives, privileges, and immunities of the latter do not attach
to the former, which the granting of an exequatur would import. He,
however, states that his Government is fully cognizant of the
appointment of Mr. Cleary, and has since informed me verbally that this
recognition implies full power to act.
I inclose the correspondence upon the subject, and request instructions
as to whether this recognition of the appointment of Mr. Cleary is
satisfactory.
I have, etc.,
[Inclosure 1 in No.
275.]
Mr. Thompson to
Mr. Nascimento.
Legation of the United States,
Petropolis
,
July 17, 1894
.
I have the honor to inclose to your excellency the certificate of
appointment of Reuben Cleary, an American citizen, as deputy
consul-general of the United States at Rio de Janeiro, and to
request that an exequatur be issued recognizing Mr. Cleary in his
official capacity.
I reiterate, etc.,
[Page 84]
[Inclosure 2 in No.
273.—Translation.]
Ministry of Exterior Relations,
Rio de Janeiro
,
July 25, 1894
.
I have the honor to acknowledge the receipt of the note which Mr.
Thomas L. Thompson, envoy extraordinary and minister plenipotentiary
of the United States of America directed to me on the 17th of the
current month, and to request of him the kindness to inform me upon
the official character of Mr. Reuben Cleary, for whom is requested
an exequatur of the Government of the Republic in order to be
recognized as deputy consul-general in Rio de Janeiro.
As there has been always in this capital one consul-general and one
vice-consul-general from those States, I did not know if the
appellation deputy consul corresponds to the vice-consul-general,
Mr. Cleary being consequently named in substitution of Mr. Lewis, to
whom I gave an exequatur on October 16, 1893.
I reiterate, etc.,
[Inclosure 3 in No.
275.]
Mr. Thompson to
Mr. Nascimento.
Legation of the United States,
Rio de Janeiro
,
August 1, 1894
.
I am in receipt of your excellency’s communication of the 25th
instant, asking for information in regard to the official position
of Mr. Reuben Cleary, for whom I have made application for an
exequatur in order that he might perform the duties of deputy
consul-general of the United States at this post.
In reply, I have the honor to state that deputy consuls-general are
denned by section 20 of the Consular Regulations to be * * *
“Consular officers subordinate to their principals and exercising
the powers and performing the duties within the limits of their
respective offices at the same ports or places where the principals
are located. They may perform their functions where the principal is
absent from his district as well as when he is at his post, but they
are not authorized in the former case to assume the responsible
charge of the office, that being the duty of the
vice-consul-general.” * * *
The appointment of Mr. Cleary has been made with the view of
facilitating our consular business at this port, and he is not named
in the place of Mr. Lewis, who remains the vice-consul-general.
Trusting that these explanations will make clear to your excellency
the position Mr. Cleary occupies, and that the exequatur requested
may be issued,
I have, etc.,
[Inclosure 4 in No.
275.—Translation.]
Ministry of Exterior Relations,
Rio de Janeiro
,
August 9, 1894
.
Acknowledging the receipt of the note which Mr. Thomas L. Thompson,
envoy extraordinary and minister plenipotentiary of the United
States of America, directed to me on the 1st of the current month
and by which is explained the powers of Mr. Reuben Cleary, named
assistant of the consul-general in this city, I am compelled to
declare to you that the Government can not grant to him the
exequatur requested.
Mr. Cleary, to whom Mr. Thompson refers, is simply to assist the
consul-general and has not the responsibility proper. In this
position he has not the prerogatives, privileges, and immunities of
consul agent, and consequently the granting of the exequatur would
import an acknowledgment of these privileges.
So then, Mr. Minister, I have suffered myself to return to you the
commission of Mr. Reuben Cleary, of whose nomination the Government
remains thoroughly informed, and thanks for your communication.
I improve this occasion, etc.,