Mr. Hay to Mr. Cambon.

No. 440.]

Excellency: Referring again to Mr. de Margerie’s notes of November 24 and December 22 last, I have now the honor to inform you that the Attorney-General has caused the provisions of Articles VIII and IX of the consular convention of 1853 with France to be brought to the attention of the officers of his Department on the Pacific coast, and has directed them to be guided by the terms of the convention.

He has further directed the United States district attorney for Oregon to report fully the facts in the case of the Amiral Cornulier, and will address me further upon its receipt.

I inclose, as showing the desire of the municipal officers in the State of California to comply with the provisions of the convention, copies of letters to the governor of that State, forwarded by him on the 3d instant.

Accept, etc.,

John Hay.
[Inclosure 1.]

Chief of police of San Francisco to the governor of California.

Sir: Your communication of December 12, inclosing copy of a letter from the Hon. John Hay, Secretary of State, and translation of complaint from P. de Margerie stating that the authorities at this city and county were not observing the provisions of the consular convention entered into between the United States and the French Republic on February 23, 1853, I have the honor to inclose for your information a lista of persons arrested at this port and held on the request of the French consul since October 7, 1901, to date.

I would further say that this department has done all it could to assist the masters of French vessels and the French consul in observing the aforesaid provisions, and have gone further, inasmuch as that on several occasions masters of French vessels have been given an order to the police to arrest anyone pointed out by them as deserters, and every courtesy has been extended them. On one occasion, when the ship La Bruyere left this port and was at Port Costa (outside the jurisdiction of this department), one August Briand was detained until the ship returned to this port: and as to detailing officers on wharves during strikes, at the request of captains of ships, this is a matter in which this department can only supply protection in accordance with its strength, and there is nothing in the consular provisions of the United States directing municipal authorities to go aboard any French ship for the purpose of preventing desertion or disturbance. We can assure you that this department is ever willing to assist in any manner the French consul in carrying out the aforesaid provisions.

Very respectfully,

Geo. W. Wittman, Chief of Police.
[Inclosure 2.]

District attorney of Alameda County, Cal., to the governor of California.

Sir: Your esteemed favor of December 12 has been received at this office. No violations of Articles VIII and IX of the consular convention of 1853 between the Governments of the United States of America and France have, before your communication, been called to the attention of this office since my incumbency of the same.

[Page 398]

We will be pleased at any time to render such assistance as may rest in the power of this office to effect a compliance with the provisions of the consular convention mentioned in your esteemed favor.

Your excellency’s most obedient servant,

John J. Allen,
District Attorney of Alameda County.
[Inclosure 3.]

Judge of superior court of Alameda County to the governor of California.

Sir: I am in receipt of the communication of Mr. Foley of December 12 relative to violations of the consular convention between the Governments of the United States of America and France, and in respect thereto would say that if any such violations are called to my attention I will most willingly do everything in my power to insure the proper enforcement of the provisions of said convention.

I have, etc.,

Henry A. Melvin,
Judge of the Superior Court.
  1. Not printed.