The Secretary of State to
Minister Dudley.
Department of State,
Washington, December 27,
1905.
No. 375.]
Sir: I inclose herewith a copy of a dispatch
from the consul-general at Callao in which he requests instructions as
to the circumstances under which he should take charge of the estates of
Americans who may die within his jurisdiction and a copy of the
department’s reply thereto.
Mr. Gottschalk’s inquiry whether he can properly avail himself of the
Peruvian Government’s offer to accord to American consular officers the
privileges afforded to the most favored nation in connection with the
settlement of the estates of deceased Americans having been answered in
the affirmative the necessary action will be taken through your
legation.
You will therefore request the foreign office to cause each of the
Peruvian local officials concerned to be instructed to notify the
appropriate consul of any death of an American that may occur within his
jurisdiction.
I am, etc.,
[Inclosure 1.]
Consul-General Gottschalk to the Assistant
Secretary of State.
Consulate of the United States,
Callao Peru, November 13, 1905.
No. 61–bis.]
Sir: Referring to my dispatch unnumbered,
of October 30, 1905, I have the honor to invite your attention to
the following facts: It has been the custom with Americans in Peru
for a great many years past not to register at consulates and to
refrain from notifying this office in case of deaths, estates of
deceased American citizens, etc. I find upon careful investigation
that this is done in complete innocence, and that here more so than
in many places in Spanish-America which I have visited our
countrymen usually resort to the consulates only in case of eminent
peril (real or fancied) to life and property. So general is this
condition that upon gathering information for my dispatch above
mentioned in regard to the death of Edwin S. Dougherty, an American
citizen and an employee of the Inca Mining Company, I was quite
warmly thanked by Mr. Chester Brown, the manager of this company, as
follows:
“Don’t think, Mr. Gottschalk, that we consider you intrusive in any
way. We are only surprised at seeing you take an interest in this
matter, and I am astonished, since you say it is part of a consul’s
duty, that none of our representatives have ever bothered about such
matters before. It is an excellent
[Page 1237]
thing, of course, and our company will gladly
agree to make your nearest consular agent (Mollendo) or yourself a
participant in anything that is connected with the deaths of
American citizens in our employ.”
Before taking any further steps in regard to this important part of
our consular work here, I have the honor to ask for your
instructions, as follows:
- Paragraph No. 1. I understand that the treaty between the
United States and Peru, referred to in paragraph No. 414,
Consular Regulations of 1896, has been abrogated, but am
informed that our consular representatives will gladly be
given by the Government the “most favored nation” privilege
in regard to the estates of deceased American citizens. Am I
correct in availing myself of this?
- Paragraph No. 2. The United States statutes provide that
consuls shall take possession of the personal estate of
Americans not seamen dying within their jurisdiction, leaving there no legal representative,
partner in trade, or trustee appointed before
decease. I have the honor to inquire whether, in
the proper interpretation of the statute, the employer or
employers of the decedent are regarded ipso facto as legal
representatives, partners in trade, or trustees—in other
words, whether they may or may not rightfully settle the
estate without the participation of this office.
It has been my intention to address a circular letter to the
authorities in each department in Peru, asking them to notify this
office in the case of Americans dying within their jurisdiction.
(This, I am told, is done by some of my colleagues of other nations,
but I have refrained from so doing until I heard from you on the two
points above mentioned.) I should also be grateful if you would
sanction the sending of a circular, as above indicated, if the plan
meet with your approval.
I have, etc.,
[Inclosure 2.]
The Third Assistant Secretary
of State to Consul-General Gottschalk.
Department of State,
Washington, December 22,
1905.
No. 89.]
Sir: I have to acknowledge the receipt of
your No. 61–bis, of November 13, relative to the settlement of the
estates of American citizens dying in Peru.
In reply, I have to say that it is entirely proper for you to avail
yourself of the most favored nation privilege with respect to the
disposition of estates of American citizens which, it is understood,
will be extended to you by the Government of Peru. The department is
fully in accord with your views as to the advisability of requesting
the local Peruvian authorities to notify you in cases of Americans
dying within their jurisdictions, but it is thought that perhaps a
more effective way of making the request would be through our
minister at Lima, who will be suitably instructed in regard to the
matter at an early day.
In reply to your second inquiry, I have to say that in the opinion of
the department the employer of an American citizen can not, upon the
death of the employee, be regarded as a legal representative, as a
partner in trade, or as a trustee within the meaning of section 1709
of the Revised Statutes. In such case it would seem that you should
take charge of the estate in the usual way, not permitting it to be
settled by the employer.
I am, etc.
