Mr. Olney to Mr. Baker.

No. 535.]

Sir: Referring to the Department No. 470, of July 3 last, respecting the exercise of the good offices of our diplomatic and consular officers to Chinese subjects residing in Nicaragua and Salvador, and to your No. 693, of September 4 last, reporting that Salvador will allow the representatives of the United States to exercise their good offices unofficially in behalf of Chinese subjects, I inclose herewith copy of a note from the Chinese minister at this capital, stating that a delegation of Chinese who called upon the consul at San Salvador was informed by him that he deemed it necessary to receive explicit instructions from this Government before he would feel authorized to exercise his good offices.

The terms upon which protection is granted, at the request of the Chinese Government and with the acquiescence of that of Salvador, are stated in the correspondence had with your legation, and the Government of Salvador has been informed of the scope of such protection, good offices being extended in behalf of Chinese persons by you and the consular officers without assumption of any representative function as agents of China. It of course follows that our officers so acting can not originally certify to the fact of Chinese citizenship for a passport or other documentary attestation to that end, which could only be issued by a responsible agent of the Chinese Government.

This being so, a form of certificate to be used by you and the consul at San Salvador should be prepared in consultation with the Salvadorean minister for foreign affairs, in order that it may correctly express the character of the protection afforded and the degree to which it is recognized by Salvador. Something like this would probably suffice:

I, ____ _____, of the United States of America, certify: That _____ _____ claims to be a subject of the Emperor of China, resident in Salvador, and that upon proving his status as such Chinese subject he is under the protection of the Government of the United States and entitled to the good offices of the diplomatic and consular officers thereof in case of need, in pursuance of an understanding between the Governments of Salvador and China to that end.

Similar action should be taken as regards Nicaragua, who, your No. 687, of August 21 last, reported, had likewise conceded the exercise of your good offices.

You will inform the consul at San Salvador of the situation and send him a copy of this instruction.

I am, sir, etc.,

Richard Olney.