Mr. Hay to Mr. Porter.

No. 808.]

Sir: Your No. 667, of the 19th of May last, with inclosures, relating to the construction of Article III of the consular convention of February 23, 1853, has been received.

It is to be regretted that the French Government is unable to concur in the construction placed by this Government upon Article III of the convention as far as regards the inviolability of the consular dwelling and office when they happen temporarily to be located at a place within the consul’s district other than the one which is principally occupied by him. The construction placed by France upon the article in question seems to this Government not to be consistent either with the letter or with the obvious intendment of the convention. The construction adopted by this Government would secure diplomatic privileges to a consul only to a degree limited by the convention and would not entitle him to all the privileges pertaining to diplomatic representatives. But the differences between the respective interpretations by the two Governments of the article in question are so radical that it would not seem profitable further to prolong the discussion. This Government therefore contents itself with expressing its regret that it is unable to acquiesce in the view of the French Government or in the soundness of the argument by which that view is supported. The Government of France will not, of course, expect a more liberal interpretation of the convention in favor of its consuls, should such a case arise, than it accords in favor of the consuls of the United States.

I am, etc.,

John Hay.