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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 2, 1902
(1902)

France,   pp. 391-421 PDF (2.0 MB)


Page 391

  391FRANCE. 
COMPLAINTS OF ALLEGED VIOLATION AT PACIFIC COAST PORTS OF CONSULAR CONVENTION
OF FEBRUARY 23, 1853, BETWEEN THE UNITED STATES AND FRANCE. 
Aft. de Afargerie to Air. ifay. 
[Translation.] 
EMBASSY OF FRANCE, 
Washington, N~vember 7, 1901. 
 MR. SECRETARY OF STATE: The consul-general of France at San Francisco has
just reported to me several incidents which tend to show that the stipulations
of the Franco-American consular convention of February 23, 1853, are iiot
strictly observed by the authorities of his residence. I deem it my duty
to bring them to the favorable attention of the Department of State. rfhe
facts are as follows: 
 In connection with a lawsuit of an absolutely private character brought
against Mr. Tamm, a clerk in the French consulate, by Mr. Escande (the consulate,
however, being in no wise concerned in the suit), a deputy sheriff of San
Francisco, concealing his official character, made his way into the office
of Mr. D'Allemagne, the consulgeneral, and offered to hand him a summons.
Although reminded by the consul-general of France that Article II, paragraph
3, and Article III of the Franco-Amnerican consular convention of February
23, 1853, went counter to his pretension, the said deputy sheriff nevertheless
persisted in his attempt. 
 The summons was im mediately taken back to the sheriff's office and, upon
an oral complaint of Mr. D'Allemagne, that official was good enough to send
him a letter, in which he expressed his deepest regrets for the act of his
deputy in violation of the existing consular convention, and gave assurances
that there would be no recurrence of such acts. 
 Shortly thereafter, however, two other deputy sheriffs again called at the
consulate of France with similar intent and at short intervals of a few days.
 Finding that the good intentions declared by the sheriff were not sufficient
to insure proper respect for the privileges which guarantee the dignity of
consular officers, Mr. D'Allemagne requested the district attorney of the
county to take such measures as were necessary to protect him in the future
against these repeated attempts to hand him judicial writs. This request
did not seem to meet with all the success that could be desired, for, later
on, a lawyer by the name of Shilling and Mr. Joseph Kelly, his secretary,
twice attempted to hand the writ in question to Mr. D'Allemagne on the open
street and by violent means. 


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