Mr. Hives to Mr. Hay.
Vienna , March 18, 1903.
Sir: Referring to the Department’s dispatch No. 8, of February 19, relative to the appointment of John Steel Twells as commercial agent of the United States at Carlsbad, and containing instructions to be communicated to the Austro-Hungarian Government in reference to the functions and status of commercial agents in the United States consular service, I have the honor to inform you that I am in receipt of a note No. 13511/10 from the ministry for foreign affairs stating that Mr. John Steel Twells would be recognized as commercial (consular) agent of the United States of America at Carlsbad and allowed to enter immediately upon the official discharge of his duties.
I am further in receipt of a note No. 14549/10 from the ministry for foreign affairs acknowledging the receipt of the Department’s views transmitted through this embassy relative to the functions and status of commercial agents in the United States consular service. I beg to quote from this note as follows:
While as in the esteemed note mention is made that the Government of the United States is accustomed to apply for the exequatur for commercial agents from the Government to which they are accredited; therefore, in order to avoid future misunderstandings the imperial and royal ministry for foreign affairs most respectfully informs the embassy of the United States that according to usages prevailing here (in Austria) the exequatur is not issued for consular or commercial agents, but the recognition and permission for the carrying out their consular functions will be ordered through the imperial and royal or the royal Hungarian ministry.
In other words while the Austro-Hungarian Goverment formally recognizes commercial agents, they will not grant them the exequatur as in the case of other principal consular officers accredited to their Government.
I respectfully submit the above for the information of the Department.
I have, etc.,
Chargé d’Affaires ad Interim.