Mr. Hay to Mr.
Conger.
Department of State,
Washington, March 1,
1902.
No. 471.]
Sir: I have to acknowledge the receipt of your
dispatch No. 874, of the 8th of January last, confirming your telegram
of January 7,
[Page 158]
on the subject
of the strained relations between Russian soldiers and American sailors
at Niuchwang.
Note has been taken of what you say regarding the attitude of Consul
Miller toward the Russian authorities. Copies of an instruction and of
its inclosures that had already been sent to him in the matter are
herewith inclosed for your information.
I am, etc.,
[Inclosure.]
Mr. Peirce to
Mr. Miller.
Department of State,
Washington, December 31,
1901.
No. 21.]
Sir: I inclose for your information a
notea addressed to the
Secretary of State by the Russian ambassador on the 28th instant in
regard to the tension which is said to exist between you and the
Russian authorities; also a copy of Mr. Hay’s replya to Count Cassini.
You will be governed in your official and personal intercourse with
the Russian officers at Niuchwang by the wishes and sentiments
expressed in Mr. Hay’s note.
It is observed that the Russian communication speaks of your
protection of Chinese persons of doubtful reputation. You will, of
course, understand that no Chinaman is entitled to your protective
intervention unless he establish beyond question the fact of lawful
American citizenship. Any protection you may be required to exercise
in favor of Chinese employees of American citizens is on behalf of
the employers and not of the servants.
It is to be remembered, also, that you have no defined conventional
rights of extraterritoriality as against the temporary local
jurisdiction which is exercised by Russia in virtue of actual
effective occupation of the territory for the time being.
Questions arising on this score should be met with prudence and
discretion on your part and generally in a spirit of conciliation
and with a desire to aid, so far as may be proper, the efforts of
the Russian agents to secure order and regular administration during
their provisional tenure, and thereby pave the way for earlier
cessation of the Russian occupancy. As to all matters in which you
may rightfully assert the immunities and privileges of your consular
office a convenient measure of your prerogative may be found in the
course adopted and the treatment enjoyed by your consular
colleagues.
I am, etc.,
Herbert H. D. Peirce,
Third Assistant
Secretary.
