Mr. Merry to Mr. Hay.

No. 665.]

Sir: I am informed by Consul-General Jenkins at San Salvador that he has received from the Department of State a volume entitled “Compilations of Treaties in Force, 1899.” He notes on page 547 therein that the Government of Salvador has given notice that the extradition treaty with the United States will terminate in 1904. On page 550 it is stated that the “treaty of amity, commerce, and consular privileges,” ratified by the United States Senate on March 31, 1871, has been abrogated on May 30, 1893. The consul-general follows these statements with the question if, in the absence of the treaty last named, he shall be governed by Salvador laws. I have not deemed it wise to answer this question affirmatively, although it appears the sequence. I have suggested that Mr. Jenkins proceed in all consular duties precisely as if the treaty were still in operation and place upon the Salvador officials the responsibility of claiming the contrary. * * * But meanwhile I respectfully suggest that the matter is worthy of the attention of the Department of State, unless, indeed, it has already received or is receiving due consideration. It is obvious that my instruction to Consul-General Jenkins is a temporary expedient which may become inoperative at any time, and if the Department has any suggestions to make in that connection I shall be pleased to receive and act upon them to the best of my ability.

With assurances, etc.,

William Lawrence Merry.