Ambassador Wright
to the Secretary of State.
American Embassy,
Tokyo
,
October 23,
1906.
No. 82.]
Sir: I have the honor to report a change made
by the Japanese Government in the manner of recognition of American
subordinate consular-officers, and to transmit inclosed herewith the
correspondence on the subject which has passed between the Japanese
foreign office and this embassy.
As the department is doubtless aware, the practice of the Japanese
Government hitherto has been to issue to our vice-consular officers,
upon the receipt of notification of such appointments, a certificate of
recognition in some sense resembling the exequatur of a consul.
The foreign office has now decided that the possession of such a document
by a subordinate consular officer is superfluous for his complete
recognition in such capacity, and they now confine themselves, upon the
receipt of notification of such an appointment, to [Page 1066] the taking of due note of the
appointment and the issuance of appropriate instructions to the local
authorities concerned.
When it may become necessary for such a subordinate officer to take
charge of a consulate-general or of a consulate, he does so immediately,
without further formality than to report his action to the diplomatic
representative at Tokyo, who in turn informs the foreign office of the
fact.
As this change in form in no way affects the powers of the officers
concerned, I have accepted it, subject to the department’s approval, as
essentially the equivalent of the former prevailing method.
I have, etc.,
[Inclosure 1.]
Ambassador Wright to the Minister for
Foreign Affairs
.
American Embassy,
Tokyo
,
September 6,
1906.
No. 30.]
Monsieur le Ministre: I have the honor to
inform your excellency that Mr. Elwood G. Babbitt has been
appointed, vice and deputy consul-general of the United States at
Yokohama, and that he has arrived at his post.
I have the honor also to request that if convenient the Imperial
Japanese Government now recognize Mr. Babbitt in his official
capacity, in order to enable him to act pending the arrival of his
certificate of appointment, which I shall then hasten to transmit
for your excellency’s inspection.
I embrace this opportunity, etc.,
[Inclosure
2.—Translation.]
The Minister for Foreign
Affairs to Ambassador Wright
.
Department of Foreign Affairs,
Tokyo
,
September 20, 1906.
Monsieur L’Ambassadeur: I have the honor to
acknowledge the receipt of your excellency’s note of the 6th
instant, in reference to the appointment and recognition of Mr.
Elwood J. Babbitt as vice and deputy consul-general of the United
States at Yokohama.
The Imperial Government understand that in view of the United States
consular organization, neither as vice nor deputy consul-general can
Mr. Babbitt discharge the functions of principal consular offcer so
long as the consul-general in whose favor an exequatur has been
granted remains at his post.
And, on the other hand, no recognition, in the sense that term is
understood when used respecting the appointment of independent
consular officers, is necessary in order to enable Mr. Babbitt to
perform such duties, in subordination to the responsible principal
consular officer, as may be assigned to him.
In these circumstances the Imperial Government content themselves
with taking due note of the appointment, not doubting that this
action will be regarded by your excellency’s Government as quite
sufficient.
I avail myself, etc.,
Viscount Hayashi,
Minister for Foreign
Affairs.
[Inclosure 3.]
Ambassador Wright to the Minister for
Foreign Affairs
.
American Embassy,
Tokyo
,
September 21,
1906
.
No. 34.]
Monsieur le Ministre: I have the honor to
acknowledge the receipt of your excellency’s note No. 64, of the
20th instant, in answer to mine of the [Page 1067] 6th instant, in which you state that the Imperial
Japanese Government contents itself with taking due note of the
appointment of Mr. Elwood G. Babbitt as vice and deputy
consul-general at Yokohama.
In reply I have the honor to inform your excellency that, acting upon
the assumption that no further authority was necessary than that
contained in your note, Mr. Babbitt has assumed charge of the
consulate-general at Yokohama in the absence of Mr. Consul-General
Miller, who, on the 20th instant, left Japan temporarily to return
to the United States. If I am correct in this assumption, nothing
more remains to be said.
If, on the other hand, I am to understand that before Mr. Babbitt is
authorized to act under such circumstances a special permission must
be obtained from the Japanese Government, then I beg to suggest that
practical difficulties may, and doubtless will, arise which make
such a course objectionable.
Under the laws and regulations of the United States, the vice-consul,
in the absence or disability of his principal, is authorized to
perform all the functions of the latter; but before doing so it is
presupposed that he has been recognized in that capacity by the
Government in whose jurisdiction he is to act. In the absence of
such recognition it would become necessary, in every specific case
where the chief was absent or disabled, to procure special
permission for the vice-consul to act. As several of the American
consulates in Japan are remote from the capital, and means of
communication are not always speedy, it can be readily understood
that several days might elapse between the arising of the
contingency in which the vice-consul was authorized to act, and the
granting of the permission to enable him to do so. In the meantime
the consulate would be closed.
In this view of the case, I venture to suggest that, without desiring
any specific form of recognition, it should at least be definitely
understood between your excellency’s Government and my own that the
acknowledgment of notification of appointment, such as is contained
in the note to which I now have the honor to reply, without further
formalities, shall be sufficient authority for a vice-consul to act
in all cases where he is directed to do so by the laws and
regulations of the United States.
I take advantage, etc.,
[Inclosure
4.—Translation.]
The Minister for Foreign
Affairs to Ambassador Wright
.
Department of State,
Tokyo
,
October 18,
1906
.
No. 71.
Mr. Ambassador: I have had the honor to
receive your excellency’s note of the 21st ultimo, in continuation
of the subject of the appointment and recognition of Mr. Elwood G.
Babbitt as United States vice and deputy consul-general at
Yokohama.
In my communication of the 20th ultimo I acquainted your excellency
that no recognition of Mr. Babbitt’s appointment as vice and deputy
consul-general was necessary and consequently that the Imperial
Government were content with taking note of the appointment. In the
note under acknowledgment your excellency informs me that acting
upon the assumption that no further authority was necessary than
that contained in my communication, Mr. Babbitt had assumed charge
of the consulate-general at Yokohama upon the departure of Mr.
Consul-General Miller for the United States on the 20th ultimo, and
your excellency suggests that unless your assumption is correct,
difficulties are likely to arise in maintaining continuity in
consular administration.
The Imperial Government do not deem it essential to accord formal
recognition to subordinate consular officials, and they are
unwilling to grant an exequatur or its equivalent to two principal
consular officers for the same post at the same time, believing that
that practice, if followed, would give rise to uncertainty and
confusion. They had not imagined that any serious inconvenience
would be experienced in adhering to the rule usually pursued in
other countries in the matter of the designation of substitute
consular officers.
But if your excellency’s Government, as would seem from your
excellency’s note, prefer to appoint substitute consular officers
before the occasion arises [Page 1068] for them to act as principal consular officers, the Imperial
Government can have no objection to that procedure, and will be
quite ready at all times to take due note of such appointments,
provided that when such substitute officers are to assume charge of
consulates, they, the Imperial Government, are duly informed of the
fact, in order that they may give the necessary notice to the local
authorities concerned.
I avail, etc.,
Viscount Hayashi,
Minister for Foreign
Affairs.
