Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1903

Mr. Stover to Mr. Hay.

Embassy of the United States,
Vienna, January 23, 1903.

No. 7.]

Sir: The matter of the appointment of John Steel Twells, of Pennsylvania, as consular agent at Carlsbad, has experienced some delay, the reasons of which I beg to report.

Notwithstanding the instruction No. 60 of the Department, which transmitted Mr. Twells’s commission, directed Mr. Hale, as charge, to apply to the foreign office for his formal recognition as consular agent, it was presumed the commission, which was inclosed, naming him commercial agent, contained the correct designation of his office, and the application to the foreign office was made to recognize him in the latter capacity. The uncertainty as to which office Mr. Twells had been appointed would have demanded inquiry from the Department had not an inspection of the official list of United States consular officers, contained in the last Congressional Directory, described him as commercial agent. Before I took over the affairs of the embassy the foreign office had requested Mr. Hale’s presence in order to point out to him that under the consular treaty of 1870, between the United States and Austria, no such officer was recognized as commercial agent. Mr. Hale was informed that the Imperial Government, while desirous in any way of showing amity toward the United States, could not issue an exequatur, according to a treaty, to an official who was not designated in that treaty, and he was asked to advise the Department of the condition of affairs and ask what were the intentions or wishes of the United States. On my arrival I suggested that the embassy would prefer to have a written note of the objection of the Austrian Government before reporting the matter to the Department, and such a note was promised on the part of the foreign office.

Yesterday the foreign office sent back the commission of Mr. Twells with a note, of which I inclose a copy as well as a translation.

It will be seen that, to all appearances, the foreign office has retired from its former attitude and has summarily taken the words “commercial” and “consular” to have the same meaning and force. Provisional recognition, therefore, with privilege of entering on his duties seems to be granted to Mr. Twells as commercial (consular) agent, and his exequatur under the same official designation is promised in due course of time.

This commission as commercial agent will remain in the embassy until notice of the issue of the exeouatur is received, and then it will be transmitted to Mr. Twells.

Should the Department desire any further discussion of the terms of the consular treaty of 1870, or the proper designation thereunder of consular officers, I ask that its instructions may be given.

I have, etc.,

Bellamy Stoker.

[Inclosure.]

Translation of the note from the Imperial and Royal ministry for foreign affairs of January 19, 1903, No. 2852/10.

Referring to the esteemed note of 27th October, 1902, F. O. No. 26, the Imperial and Royal ministry for foreign affairs begs to inform the embassy of the United States of America, at the same time returning the commission transmitted with the above note, of the American citizen Mr. John Steel Twells, who has been appointed as commercial (consular) agent of the United States of America at Carlsbad, that according to a note from the Imperial and Royal minister-presidency of 13th January, 1903, z. 29 M. P., there is no objection to the appointment of the above-named gentleman as American commercial (consular) agent at Carlsbad, and that the necessary steps have been taken to provisionally recognize the above-named gentleman in that capacity, and to enable him to provisionally enter upon the discharge of his duties.

At the same time I will make request to the minister presidency that the necessary steps in regard to the final recognition of Mr. Twells be taken, thereby enabling him to enter upon the discharge of his duties, and will inform the embassy of the United States of America thereof as soon as that final recognition took place.

Vienna, 19th January, 1903.

For the minister:

Suzzara.