Mr. Cambon to Mr. Hay .
Washington , March 10, 1902 .
Mr. Secretary of State: I have the honor to acknowledge the reception of the note No. 450 and dated the 1st instant, relative to the [Page 402] complaint of violation of the Franco-American consular convention made by the consul-general of France at San Francisco, and transmitted to the Department of State by Mr. de Margerie on the 1st of November last.
The results of the investigation which the Department of State was pleased to conduct prove that the facts justly complained of by Mr. D’Allemagne have been acknowledged by the authorities of San Francisco as perfectly true. While taking note of the remarks made by the sheriff to his deputy and of the apologies to the consul-general of France, I am fain to hope that there will be no recurrence of attempts of this nature.
The embassy was all the more justified in making representations, as two other deputies twice renewed the attempt, in spite of the regret expressed by the sheriff.
The ground taken by him in defense of his action does not appear to be sound. Article 2, paragraph 3, of the convention of 1853, states in effect that consuls “shall never be compelled to appear.”
In the face of Mr. D’Allemagne’s representations and of his original refusal to receive the citation that was presented to him, the insistence of the deputy sheriffs to make him receive it constitutes a well-defined “constraint” that is in nowise mitigated by Mr. Lackmann’s explanations.
As to Mr. Joseph Kelly’s attitude, it is not amiss to observe that it was unquestionably encouraged by that of the sheriff himself, and that the latter was in a large measure responsible therefor. Moreover Mr. D’Allemagne had not failed to apply at the time to the authorities, as suggested by the Department of State, in order to put an end to the vexations to which he was subjected. The embassy’s note of November 7 last also brought this point out clearly and called attention to the fact that the said authorities had declined to take the requisite measures.
It was thus necessary that representations should be made in San Francisco so as to insure proper observance of the Franco-American consular convention in the future.
Be pleased to accept, etc.,