Mr. de Margerie to Mr. Hay.
Washington, November 24, 1901.
Mr. Secretary of State: I had the honor on the 7th of November last to draw your attention, in connection with a lawsuit brought at San Francisco against one of the clerks of the consulate of France, to the laches shown by some of the judicial authorities of that city in the observance of the prescriptions of Articles II and III of the Franco-American consular convention of February 23, 1853.
I added that, in other respects, it seemed that the provisions of that convention were not observed at San Francisco and on the Pacific coast as it would be desirable that they should be.
I take the liberty while on this subject to draw the attention of the Department of State to the difficulties encountered by the consul-general of France at San Francisco and the consular agents under him in securing the cooperation of the local police in cases provided for in Articles VIII and IX of the said consular convention.
French shipping, notably sailing vessels, is rather numerous in the ports of San Francisco, Oakland, and at various other ports of the Pacific coast. Incidents unavoidably occur among the crews of those vessels, making it necessary for the consular officers to intervene and occasionally to pass sentences for the execution of which they are authorized under the convention of 1853 to request the assistance of the local police. The conditions are the same when it is a question of searching, arresting, detaining, and sending back to their ships or to France such seamen as may desert.
Now, the peculiarly grievous conditions of the city of San Francisco, of which the Department of State is certainly aware, would precisely require that the local police be particularly unremitting in its protection of crews and foreigners. Labor troubles are unfortunately frequent, and strikers cause almost with impunity many disturbances. The local police seems to give but too slight attention to keeping away from the purlieus of the harbor a whole class of persons whose only occupation seems to be to induce seamen to desert and who are not afraid surreptitiously to come on board foreign merchant vessels in order to invite desertion.
The consul-general of France has brought to the embassy’s attention numerous instances in which the police authorities, though regularly called upon to do so, have failed to render him the required assistance.
Sometimes they will detain in jail a seaman sentenced by the consul beyond the term pronounced by the latter, and instead of bringing him back to the ship as agreed, purely and simply set him at liberty, thus facilitating desertion.
Sometimes they will, as they have done at Oakland and notably at Portland, answer the written and regular requisition of the consul with a statement that they are not acquainted with the requirements of the Franco-American consular convention.
Again, they will decline to keep over the wharves a sufficient watch to prevent the enticers from plying their stealthy trade to the detriment of foreign crews.
Many complaints, emanating either from the consul-general of France or from the masters of French merchant vessels themselves, have thus been laid before the embassy.
[Page 394]I am sure, Mr. Secretary of State, that I need not do more than to bring this condition of things to your knowledge in order to secure for the embassy your kindly cooperation in remedying it. It would be urgent, in the first place, that the port and police authorities in ports on the Pacific coast, and notably in San Francisco, be made acquainted with the obligations laid upon them by the consular convention of 1853, and in the second place, as regards the authorities which are acquainted with them, it would be expedient that they be instructed strictly to comply therewith hereafter.
I should be infinitely obliged if you would put me in a position to inform the consul-general of France at San Francisco that efficient measures have been taken to that effect both with the Federal authorities and the responsible local officials.
I am confident that the Department of State will kindly assist the embassy in maintaining order and good behavior among the crews of the French merchant vessels that come to the Pacific coast and take an active part in the transportation by sea of United States produce.
Be pleased, etc.,