Legation of the United States,
Lima, Peru, June 28,
1902.
No. 621.]
I would respectfully request your instruction upon the point, and trust
that I have not erred seriously, if at all, in the view I have taken of
it.
[Inclosure.]
Mr. Dudley to
Mr. Payán.
Legation of the United States,
Lima, Peru, June 27, 1902.
No. 339.]
My Dear Mr. Payán: Referring to our
conversation of a few mornings ago, and in fulfillment of the
promise I then made, I beg to say that in a circular instruction
addressed to the diplomatic and consular officers of the United
States under date of May 2, 1899, the honorable Secretary of State
directed that during the temporary occupation of Cuba under the
administration of the military authorities of the United States, the
native inhabitants of the island sojourning abroad might, under
certain conditions, be protected through the exercise of good
offices by the diplomatic and consular representatives of the United
States; in which cases, for the purpose of such temporary
protection, those representatives were by the terms of the
instruction expressly authorized to register the names of native
inhabitants of Cuba who might be temporarily sojourning within their
jurisdiction. The military occupation ended
[Page 900]
with the inauguration of an independent
government on the 20th ultimo under the Presidency of His Excellency
Señor Don Tomas Estrada Palma; and upon that date, therefore, the
instruction, which had been the sole authorization for the
registration of Cubans in Peru, became functus officio. No
instruction treating of their registration has since been received
at this legation.
On the 24th ultimo, at the request of the President of Cuba, I was
instructed by telegraph to ask the Government of Peru to permit
United States consular officers within its jurisdiction to use their
good offices in representation of the interests of Cuba and of its
citizens until Cuban consuls should have been appointed. The
permission has been granted and our consular officers in Peru have
been notified.
Unless this action may be construed to confer impliedly, as the
instruction of May 2, 1899, did expressly, authorization to
register, it is apparent that the registration of which we spoke is
at present unsanctioned, especially by this legation, since the
instruction now in force refers only to consular officers.
I do not fail to perceive that under both the new and the old
instruction registration is a means to the same end, facilitating in
identical manner the execution of analogous instructions. Therefore,
pending an expression from the Department of State, to whom I will
at once submit the question, I am willing to receive provisionally
applications for registration upon the proof required by the
circular instruction, assuring you at the same time that the right
of Cubans under the recent arrangement to the benefit of the good
offices of United States representatives will be carefully and most
gladly respected.
Faithfully, yours,
