Mr. de Margerie to Mr. Hay.
Washington, November 7, 1901.
Mr. Secretary of State: The consul-general of France at San Francisco has just reported to me several incidents which tend to show that the stipulations of the Franco-American consular convention of February 23, 1853, are not strictly observed by the authorities of his residence. I deem it my duty to bring them to the favorable attention of the Department of State. The facts are as follows:
In connection with a lawsuit of an absolutely private character brought against Mr. Tamm, a clerk in the French consulate, by Mr. Escande (the consulate, however, being in no wise concerned in the suit), a deputy sheriff of San Francisco, concealing his official character, made his way into the office of Mr. D’Allemagne, the consul-general, and offered to hand him a summons. Although reminded by the consul-general of France that Article II, paragraph 3, and Article III of the Franco-American consular convention of February 23,1853, went counter to his pretension, the said deputy sheriff nevertheless persisted in his attempt.
The summons was immediately taken back to the sheriff’s office and, upon an oral complaint of Mr. D’Allemagne, that official was good enough to send him a letter, in which he expressed his deepest regrets for the act of his deputy in violation of the existing consular convention, and gave assurances that there would be no recurrence of such acts.
Shortly thereafter, however, two other deputy sheriffs again called at the consulate of France with similar intent and at short intervals of a few days.
Finding that the good intentions declared by the sheriff were not sufficient to insure proper respect for the privileges which guarantee the dignity of consular officers, Mr. D’Allemagne requested the district attorney of the county to take such measures as were necessary to protect him in the future against these repeated attempts to hand him judicial writs. This request did not seem to meet with all the success that could be desired, for, later on, a lawyer by the name of Shilling and Mr. Joseph Kelly, his secretary, twice attempted to hand the writ in question to Mr. D’Allemagne on the open street and by violent means.
[Page 392]The consul-general of France then turned to the honorable district attorney of the United States. By a letter which he caused to be handed to him on the 7th of September last by Mr. S. J. Brun, counsel of the consulate of France, he acquainted him with the foregoing incidents and begged him to take toward the persons who had approached him in such irregular way such measures as should seem apt to insure respect for our consular convention and to rebuke acts in violation thereof.
The district attorney of the Federal court of San Francisco replied that he could take no action in the matter except under formal instructions of the honorable Attorney-General of the United States.
Mr. D’Allemagne applied at the same time to the governor of the State of California who, while expressing regret at the annoyances he had been subjected to, and his desire to prevent their recurrence, stated that, under the laws of the State, he could but refer the matter to the mayor of San Francisco, who alone, said he, had authority to insure, in the city, respect for consular immunities.
Whatever measure may be taken in the future by the mayor, the fact remains that the sheriff of San Francisco, in spite of his having on one occasion admitted that the proceeding was illegal, himself ignored and permitted others to ignore the stipulations of the existing consular convention.
Mr. D’Allemagne has had to contend with other difficulties, of another nature, in the discharge of his official duties. It seems that the provisions of the convention of 1853 are not observed in San Francisco as it would be desirable.
I confine myself, for the present, to laying before you the difficulties connected with the Tamm case, and I should be very grateful, Mr. Secretary of State, if you would kindly communicate the foregoing remarks to the honorable Attorney-General of the United States with a request that he issue to the authorities under his orders such instructions as may be necessary to insure, hereafter, a strict observance of the convention of 1853, and to repress the irregular acts that have given to the consul-general of France occasion to complain of certain deputy sheriffs and lawyers of his residence.
Be pleased, etc.,