Mr. Hay to Mr. Sampson.

No. 106.]

Sir: Your dispatch No. 138, of the 1st ultimo, has been received. You therewith inclose copy of a note addressed by you to the minister of foreign relations in the matter of the summons issued against the consul-general of the United States at Guayaquil, and state that in conversation with you on the subject the minister claimed that the offense committed was no greater than if committed against a private citizen, and punishable only by the local law; that there was no cause of complaint on the part of the United States.

You ask what you can do further in the matter.

It would seem proper for you to ascertain whether consular officers of any foreign country, by treaty with Ecuador, enjoy immunity from service of judicial process in such cases. If so, any consular prerogatives extended to other powers may be expected and properly asked of Ecuador as a friendly courtesy to this Government, although there is no treaty between the two countries on this subject.

Unless the offensive action of the Ecuadorean official while serving the summons is made punishable by some law of Ecuador especially applying to offenses against foreign consular officers, he would appear to be subject only to the general law applicable to offenses against private individuals.

The United States has a special law making it a penal offense to “assault” or “offer violence to the person of a public minister, in violation of the law of nations,” but there is no such law applying to consular officers. It is presumed the same may be the case in Ecuador. In accordance with your request, copy of Wharton’s Digest is sent to you under separate cover.

I am, etc.,

John Hay.