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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.,
(Inclosure.) Translation of the nole from the Imperial and Royal ministry for foreign affairs of Jan
uary 19, 1903, No. 2852|10. Referring to the esteemed note of 27th October, 1902, F. O. No. 26, the Imperial and Royal ministry for foreign affairs begs to inform the embassy of the United States of America, at the same time returning the commission transmitted with the above note, of the American citizen Mr. John Steel Twells, who has been appointed as commercial (consular) agent of the United States of America at Carlsbad, that according to a note from the Imperial and Royal minister-presidency of 13th January, 1903, z. 29 M. P., there is no objection to the appointment of the above-named gentleman as American commercial (consular) agent at Carlsbad, and that the necessary steps have been taken to provisionally recognize the above-named gentleman in that capacity, and to enable him to provisionally enter upon the discharge of his duties.
At the same time I will make request to the minister-presidency that the necessary steps in regard to the final recognition of Mr. Twells be taken, thereby enabling him to enter upon the discharge of his duties, and will inform the embassy of the United States of America thereof as soon as that final recognition took place.
Vienna, 19th January, 1903.
Mr. llay to Mr. Storer.
DEPARTMENT OF STATE,
Washington, February 19, 190.3. Sir: Your No. 7, of the 23d ultimo, with inclosures, relating to the appointment of John S. Twells, as commercial agent of the United States at Carlsbad, has been received.
Your assumption that Mr. Twells was to be made commercial agent and not consular agent was correct.
With reference to the attitude taken by the foreign office, in a conversation with Mr. Hale, namely, that the consular convention with Austria-Hungary of 1870 recognized no such officer as a commercial agent, I have to say that commercial agents of the United States are, by our laws, full, principal, and permanent consular officers. So far as their powers and duties in our consular service are concerned, no distinction is made by law between them and a consul, and they differ from the latter only in rank or grade. They derive their functions from the same statutes as consuls-general and consuls, and are entitled to enjoy all the powers, immunities, and privileges that under public law or otherwise are accorded to the consular office. The title of commercial agents, as representing a distinct grade in the consular service, is peculiar to our service, and such appointments are made directly by the President. It is customary to ask formal recognition and an exequatur for a commercial agent from the government to which he is accredited, as in the case of other principal consular officers.
Commercial agents, as above described, are to be distinguished from certain officers described in international law by the same title, the latter having restricted functions and privileges and being usually appointed to countries the governments of which have not been recognized by the United States or into which it was desired to send a confidential agent whose recognition need not be asked from the local government. You may address the foreign office in the above sense. I am, etc.,
Mr. Rives to Mr. Hay. No. 19]
EMBASSY OF THE UNITED STATES,
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.,
GEORGE BARCLAY RIVES,
Chargé d'Affaires ad Interim.
Mr. Hay to Mr. Storer. No. 26.]
DEPARTMENT OF STATE,
Washington, April 9, 1903. Sir: Mr. Rives's No. 19, of the 18th ultimo, has been received
The recognition accorded by the Austro-Hungarian Government to John Steel Twells as “commercial (consular) agent” of the United States at Carlsbad is regarded by the Department as sufficient. I am, etc.,
ADMISSION OF UNITED STATES CORPORATIONS TO ENGAGE IN
BUSINESS IN AUSTRIA-HUNGARY.
Mr. Hay to Mr. Storer. No. 53.]
DEPARTMENT OF STATE,
Washington, November 14, 1903. SIR: I inclose a copy of a letter of the 7th instant from Charles Strauss, stating that before he is allowed to open a branch office for John Underwood & Co., manufacturers of typewriting machines, at Vienna, he will be obliged to register the firm at the “commercial court” in Vienna, and that he will be obliged to lay before the “trade authorities” there a formal attestation of the Secretary of State of the United States that Austrian subjects are admitted to trade” in the United States.
As a matter of fact no discrimination against aliens engaging in commerce in the United States exists under Federal laws.
The Department would be glad if you would ascertain whether this requirement of the Government of Austria-Hungary is a recent one, and also what the exact form of the required certiticate should be. I am, etc.,
Mr. Strauss to Mr. Hay..
New York, November 7, 1903. DEAR SIR: I am endeavoring to open at Vienna, Austria, a branch office for the firm of John Underwood & Co., manufacturers of and dealers in typewriting machines and typewriter supplies, having their head office at 241 Broadway, New York City. I am informed that I shall be compelled to register the firm at the commercial court in Vienna, and that I must lay before the trade authorities there, as an essential prerequisite, a formal attestation of the Secretary of State that Austrian citizens are admitted to trade here-a so-called reciprocity note. May I ask you kindly to oblige me by sending me a certificate expressing the material contents as above, and formally attested for the purpose stated. If any charges are incurred by compliance with this request, I shall remit at once upon request. Requesting your immediate attention to the matter, I am, etc.,
Mr. Hay to Mr. Storer. No. 56.]
DEPARTMENT OF STATE,
Washington, November 23, 1903. Sır: Referring to my instruction of the 14th instant, I inclose a copy of a further letter from Charles Strauss, relating to the certificate stated to be required from this Department that Austro-Hungarian subjects are free to engage in commerce in this country. I am, etc.,
John Hay. F r 1903— 2
New York, November 19, 1903. DEAR SIR: I have received your favor informing me that you would communicate with the American representative at Vienna in regard to the form of certificate required to show that Austrian subjects are admitted to trade in the United States.
I am informed by my correspondent at Vienna that a mere statement to the effect that Austrian subjects are admitted to trade in the United States will be sufficient, the purpose being merely to assure and preserve relations of reciprocity between the citizens of the two countries. I desire to make clear that the only purpose of the certificate is in connection with the application of John Underwood & Co., dealers in typewriter supplies, to be permitted to open a branch of their business at Vienna.
If, in view of this statement of facts, the delay of awaiting communication from abroad can be avoided we should be very glad, as otherwise we are subjected to much inconvenience and possible loss. I have, etc.,
Mr. Storer to Mr. Ilay. No. 84.]
EMBASSY OF THE UNITED STATES,
Vienna, December 14, 1903. Sir: Pursuant to instruction No. 53, bearing date November 14, 1903, I have had careful inquiries made at the commercial court in Vienna · as to regulations to be complied with in case of Mr. Charles Strauss before he can open in this city a branch office for John Underwood & Co., a firm presumably organized in the United States under the laws of the State of New York.
I have the honor thereon to report as follows, on the authority of the imperial commercial court and the imperial ministry of justice at Vienna:
1. In view of the existing commercial treaty between the United States and Austria-Hungary, no formal attestation of the Secretary of State that Austrian citizens are admitted to trade in the United States (a so-called reciprocity note) is necessary.
2. But Mr. Strauss must produce, signed and executed by the firm for which he wishes to act, an official certificate, or a certificate issued by a notary public, certifying the existence of the company's firm; stating the full name of the firm; the date of opening of the company's business in the United States; the names of the partners, and also containing an exact statement as to the person entitled to represent the firm (whether everyone of the partners, or one partner alone, or only the company as such is entitled).
The signature of the firm thus duly authenticated by the competent American authorities must also be authenticated by the AustroHungarian embassy or the consulate.
3. The application to do business must accompany this certificate, and must be made by and in the name of the firm, and the signature to this application must be authenticated in the same manner as the certificate above described.
4. Mr. Strauss, after laying the certificate and application aforesaid before the commercial authorities, must give notice of his opening the business in Vienna in the method pointed out in the general regulations of trade.
ESTABLISHMENT OF DIPLOMATIC RELATIONS WITH BULGARIA.
Mr. Jackson to Mr. Ilay.
LEGATION OF THE UNITED STATES,
Sofia, September 19, 1903. (Mr. Jackson reports the presentation of his letters on September 19, and states that the Prince of Bulgaria expressed pleasure at the establishment of direct diplomatic relations, and hopes that increased commercial intercourse will result.)
Prince Ferdinand to President Roosevelt.
SOFIA, September 19, 1903. It was with a real pleasure, especially in these sad times, that I received to-day from Mr. John Brinckerhoff Jackson your autograph letter. I am very content at the friendly and cordial feelings you transmit by him to myself and to my Government, and I hope that the good relations between the two countries shall still be more strengthened in the future.
President Roosevelt to Prince Ferdinand.
Washington, September 21, 1903. I cordially appreciate the friendly message of Your Royal Highness and share your good wishes.
Mr. Jackson to Mr. Hay.
No. 11, Bulgarian series.] LEGATION OF THE UNITED STATES,
Sinaia, Roumania, September 24, 1903. Sir: I have the honor to report that I left Sinaia on the 15th, and, traveling by way of Bucharest and Rustschuk, the most direct line,