Mr. Hay to Mr. Merry.
Washington, January 22, 1902.
Sir: I have to acknowledge the receipt of your dispatch, No. 665, of the 4th instant, stating that the consul-general at Salvador has asked you if, in view of the abrogation on May 30, 1893, of the treaty of amity, commerce, and consular privileges between the United States [Page 881] and Salvador, ho should be governed by the laws of Salvador. You report that you have suggested to the consul-general that he proceed in all consular duties precisely as if the treaty were still in force, and that he place upon the Salvadorean officials the responsibility of claiming the contrary.
You submit the matter to the Department’s attention.
Notice of the termination of the treaty of amity, commerce, and consular privileges was given in a note of May 30, 1892, from Señor Gallegos, minister of foreign affairs of Salvador, to take effect one year from that date. Acknowledgment of the notice of termination having been duly made by the United States, the treaty terminated May 30, 1893. (See Foreign Relations, 1892, pp. 44, 45.)
In the absence of treaty stipulations, the law of Salvador would govern where it is not inconsistent with international law or usage or the principles of natural right and justice.
Your suggestion to Consul-General Jenkins was therefore erroneous.
I am, etc.,