Mr. Stover to Mr. Hay.
Vienna, January 23, 1903.
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.
[Page 15]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.,