Mr. Adee to Mr. Hart.
Washington, August 30, 1902.
Sir: I inclose for your information copies of a noteb from the Chinese minister at this capital and of the Department’s instruction of the 27th instant to the United States consul-general at Panama in regard to the protection to be afforded to Chinese subjects by the United States consular officers on the Isthmus of Panama.
I am, etc.,
Acting Secretary.
- Printed, p. 262.↩
-
Mr. Porter to Mr. Adamson.
No. 34.]
Department of State,
Washington, August 26, 1885.Sir: I inclose herewith for your information a copy of a memorandum handed to the Secretary of State from the Chinese minister in Washington, communicating the desire of the Imperial Chinese Government that the consuls of the United States on the Isthmus of Panama shall be instructed to lend their good offices for the protection of Chinese subjects in that quarter. * * *
The favor thus asked is analogous to that which the United States have granted to Switzerland for fifteen years past. By reference to the Department’s circulars Nos. 11 and 15 of the 16th June and 15th December, 1871, the conditions will be found stated under which the good offices of our consular establishment may be exercised in countries or places where there is no Swiss representative. The same rules apply, in the present instances, to the protection of Chinese subjects on the Isthmus. The consular officers of the United States at Panama and Colon are given permission to take upon themselves, with the consent of the Colombian authorities, the function of representing for the time being the interests of the Chinese Government so far as may be demanded by the circumstances of any special case affecting a Chinese subject residing on the Isthmus. When the consular officer so acts he becomes, for the precise matter in hand, to a certain extent the agent of the Chinese Government as to the services he may perform for its subjects, and, as touching responsibility for his acts in relation thereto, it must be deemed to rest with the Government of China, which has solicited his good offices. It is, however, to be distinctly understood that the United States consular officer shall not thereby be held to become a consular officer of the Chinese Government, for such employment is prohibited by the Constitution to officers of the United States who are citizens. The consent of the Colombian authorities is not expected to take the shape of a formal exequatur, whereby the American consul becomes, for the time, in their eyes, the Chinese consul also; but is supposed to be limited to admitting the use of the consul’s good offices in behalf of any Chinese subject in his vicinity who may request them in the absence of any recognized Chinese representative.
By reference to a further circular of the Department dated March 19, 1882, which should also be found on your files, it will be seen that the Swiss Government has made provision for reimbursing to the Government of the United States the amount of such expense as may be actually incurred by our officers in extending protection to Swiss citizens, under the circumstances above stated, on presentation of the proper accounts. The Chinese minister has not yet made similar provision, but his attention has been drawn to this practical aspect of the matter, and it is not doubted that only actual and unavoidable expense, shown to have been incurred on behalf of Chinese interests, will be cheerfully borne by the Chinese Government.
* * * * * * *
In order to avoid delays in the present disturbed condition of communication with Bogotá, I have thought it best to bring the matter directly to the attention of the Colombian minister in Washington instead of approaching his Government through Mr. Scruggs, and I have accordingly requested Señor Becerra, who, it is understood, is in direct relation with the Isthmian authorities, to acquaint the latter with the desire manifested by the Government of China and the disposition of the Government of the United States to accede thereto, and to solicit from them the issuance of such orders as will suffice to attain the friendly object in view.
Pending his response, this instruction is sent to you for your guidance in the event of occasion presenting itself for the discreet and amicable use of your good offices on behalf of Chinese subjects who may need them. By conference with the local authority at Panama you will doubtless be able to obtain cheerful recognition of the limited and unofficial function which this instruction authorizes you to assume.
* * * * * * *
I am, etc.
James D. Porter,
Assistant Secretary.Mr. Strobel to Mr. Vifquain.
Department of State,
Washington, July 8, 1893.No. 7.]
Sir: The Department has received a note dated the 28th ultimo from the minister of China at this capital, in which he calls attention to the Department’s instructions to your predecessor, Mr. Thomas Adamson, touching the extension of friendly protection to Chinese subjects residing on the Isthmus of Panama.
He states that there is at present no diplomatic representative of China on the Isthmus, and asks that, in view of the retirement of Mr. Adamson, those instructions may be renewed to you.
The instructions referred to are No. 34, dated August 26, 1885, * * * the original of which is on file in your consulate-general, and to which you are referred.
I have now, therefore, to instruct you to continue the desired protection under the limitations indicated in said instructions.
I am, etc.,
Edward H. Strobel,
↩
Third Assistant Secretary. -
Mr. Porter to Mr. Adamson.
No. 34.]
Department of State,
Washington, August 26, 1885.Sir: I inclose herewith for your information a copy of a memorandum handed to the Secretary of State from the Chinese minister in Washington, communicating the desire of the Imperial Chinese Government that the consuls of the United States on the Isthmus of Panama shall be instructed to lend their good offices for the protection of Chinese subjects in that quarter. * * *
The favor thus asked is analogous to that which the United States have granted to Switzerland for fifteen years past. By reference to the Department’s circulars Nos. 11 and 15 of the 16th June and 15th December, 1871, the conditions will be found stated under which the good offices of our consular establishment may be exercised in countries or places where there is no Swiss representative. The same rules apply, in the present instances, to the protection of Chinese subjects on the Isthmus. The consular officers of the United States at Panama and Colon are given permission to take upon themselves, with the consent of the Colombian authorities, the function of representing for the time being the interests of the Chinese Government so far as may be demanded by the circumstances of any special case affecting a Chinese subject residing on the Isthmus. When the consular officer so acts he becomes, for the precise matter in hand, to a certain extent the agent of the Chinese Government as to the services he may perform for its subjects, and, as touching responsibility for his acts in relation thereto, it must be deemed to rest with the Government of China, which has solicited his good offices. It is, however, to be distinctly understood that the United States consular officer shall not thereby be held to become a consular officer of the Chinese Government, for such employment is prohibited by the Constitution to officers of the United States who are citizens. The consent of the Colombian authorities is not expected to take the shape of a formal exequatur, whereby the American consul becomes, for the time, in their eyes, the Chinese consul also; but is supposed to be limited to admitting the use of the consul’s good offices in behalf of any Chinese subject in his vicinity who may request them in the absence of any recognized Chinese representative.
By reference to a further circular of the Department dated March 19, 1882, which should also be found on your files, it will be seen that the Swiss Government has made provision for reimbursing to the Government of the United States the amount of such expense as may be actually incurred by our officers in extending protection to Swiss citizens, under the circumstances above stated, on presentation of the proper accounts. The Chinese minister has not yet made similar provision, but his attention has been drawn to this practical aspect of the matter, and it is not doubted that only actual and unavoidable expense, shown to have been incurred on behalf of Chinese interests, will be cheerfully borne by the Chinese Government.
* * * * * * *
In order to avoid delays in the present disturbed condition of communication with Bogotá, I have thought it best to bring the matter directly to the attention of the Colombian minister in Washington instead of approaching his Government through Mr. Scruggs, and I have accordingly requested Señor Becerra, who, it is understood, is in direct relation with the Isthmian authorities, to acquaint the latter with the desire manifested by the Government of China and the disposition of the Government of the United States to accede thereto, and to solicit from them the issuance of such orders as will suffice to attain the friendly object in view.
Pending his response, this instruction is sent to you for your guidance in the event of occasion presenting itself for the discreet and amicable use of your good offices on behalf of Chinese subjects who may need them. By conference with the local authority at Panama you will doubtless be able to obtain cheerful recognition of the limited and unofficial function which this instruction authorizes you to assume.
* * * * * * *
I am, etc.
James D. Porter,
Assistant Secretary.Mr. Strobel to Mr. Vifquain.
Department of State,
Washington, July 8, 1893.No. 7.]
Sir: The Department has received a note dated the 28th ultimo from the minister of China at this capital, in which he calls attention to the Department’s instructions to your predecessor, Mr. Thomas Adamson, touching the extension of friendly protection to Chinese subjects residing on the Isthmus of Panama.
He states that there is at present no diplomatic representative of China on the Isthmus, and asks that, in view of the retirement of Mr. Adamson, those instructions may be renewed to you.
The instructions referred to are No. 34, dated August 26, 1885, * * * the original of which is on file in your consulate-general, and to which you are referred.
I have now, therefore, to instruct you to continue the desired protection under the limitations indicated in said instructions.
I am, etc.,
Edward H. Strobel,
↩
Third Assistant Secretary.