Mr. Thompson to Mr. Gresham.

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.,

Thomas L. Thompson.
[Inclosure 1 in No. 275.]

Mr. Thompson to Mr. Nascimento.

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.,

Thomas L. Thompson.
[Page 84]
[Inclosure 2 in No. 273.—Translation.]

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.,

Cassiano do Nascimento.
[Inclosure 3 in No. 275.]

Mr. Thompson to Mr. Nascimento.

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.,

Thomas L. Thompson.
[Inclosure 4 in No. 275.—Translation.]

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.,

Cassiano do Nascimento.