Mr. Hay to Mr. Russell.
Washington, May 15, 1903.
Sir: I have to acknowledge the receipt of your No. 170, of the 26th ultimo, in which attention is called to article 14 of the law passed by the Venezuelan Congress approved April 16, 1903, which reads as follows:
The National Executive can not issue consular or vice-consular exequaturs to persons engaged in commerce.
You ask for specific instructions in case an exequatur is refused an American vice-consul or consular agent who comes within the category of persons engaged in commerce.
The right of consular representation between civilized states is established by the law of nations, and this unquestionable right is implied by the language of the article quoted. Yet it imposes such restrictions on its practical enjoyment as goes far to impair the advantageous enjoyment of the right itself. For, as is well known, many of these minor officials receive such small salaries and emoluments from their governments that it would be impossible for them to exercise and enjoy their official functions unless they were permitted to engage in commerce.
The effect, therefore, of carrying out the provisions of article 14 would in these cases be the denial to the friendly Government of the United States of the right of consular representation. This Government, however, would be reluctant to believe that the friendly Government of Venezuela would decline to allow to the United States the privilege in question, if such would be the effect of putting into operation the article. You will, therefore, should the case mentioned in your dispatch arise, bring these views to the attention of the Venezuelan Government and earnestly express the grave concern with which the United States Government would regard the refusal to or the withdrawal from its vice-consuls or consular agents of their exequaturs on account of their enjoyment of the customary privilege of engaging in commerce. For it would practically result in an abnormal limitation of the right of consular representation, which is sanctioned by the usages and customs of nations and is one of the most striking evidences of their common civilization.
I am, etc.,