NETHERLANDS. PASSPORT APPLICATION OF JULIAAN JOHAN BECKER. Mr. Newel to Mr. Hay. No. 453.] LEGATION OF THE UNITED STATES, SIR: I have the honor to inclose herewith an application" by Juliaan Johan Becker for a passport, and to ask for a ruling on it by the Department. I also inclose a passport issued at this legation to the said Becker in 1888. I have consented to forward this application only after having been importuned to do so by the applicant. Both J. J. Becker and his brother, Henry Lewis Becker, were granted passports at this legation (Nos. 3 and 4), on the 19th of February, 1888. On the 21st of May, 1891, Henry Lewis Becker applied for a renewal of his passport, and after correspondence between the Department and this legation the Department ruled that the applicant was not entitled to a passport, and therefore none was issued. The case of the present applicant, J. J. Becker, a brother to the Henry Lewis Becker above mentioned, seems to be similar in all its essentials to the former case. He was born at Arnhem in the Netherlands in 1849, and went with his father and brother to America in 1854, when he was under 5 years of age. He states that his father was naturalized in 1868. The original naturalization papers are not forthcoming, but a "duplicate," dated the 28th of November, 1891, witnesses that "at a term of the county court of Kings County, held in the city of Brooklyn on the 3d day of July, 1868, Christopher Becker [the father] was admitted to be a citizen of the United States of America." The present applicant resided in Brooklyn from 1854 to 1870, in which year he returned to the Netherlands. He has not been in the United States for over thirty-one years. He is engaged in business in Rotterdam. He avers that it is his intention to return to America, where his brother is now living at New Rochelle, in the State of New York, so soon as he may be able to turn over his business to his son, which will surely be within two years and a half. His son is about 19 years of age and has never been "as far away as America." He desires the passport for the purpose of identification, and that his son may not have to "waste several years in the Dutch army." I have, etc., STANFORD NEWEL. Mr. Hay to Mr. Newel. No. 306.] DEPARTMENT OF STATE, Washington, January 29, 1902. SIR: Your No. 453, of the 9th instant, forwarding the application of Juliaan Johan Becker for a passport, has been received. The Department approves your refusal to issue a passport to him. a Not printed. The case is clearly one covered by the following language in the Department's Circular of March 27, 1899: A naturalized citizen who returns to the country of his origin and there resides without any tangible manifestation of an intention to return to the United States may, therefore, generally be assumed to have lost the right to receive the protection of the United States. His naturalization in the United States can not be used as a cloak to protect him from obligations to the country of his origin, while he performs none of the duties of citizenship to the country which naturalized him. The statements of loyalty to this Government which he may have made are contradicted by the circumstances of his residence and are open to the suspicion of being influenced by the advantages he derives by avoiding the performance of the duties of citizenship to any country. I am, etc., JOHN HAY. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSULAR OFFICIALS. « Mr. Newel to Mr. Hay. LEGATION OF THE UNITED STATES, The Hague, June 20, 1902. SIR: I have the honor to advise you that the Netherlands minister of foreign affairs notifies me, under date of June 16, that the Government of Her Majesty the Queen has no objection to the United States consular officers in the Netherlands and its colonies being charged with the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. In accordance with the Department's instruction I have this day notified the United States consuls in this country and its colonies of the fact. I inclose herewith a copy of the correspondence that has passed between this legation and the foreign office on the subject. I have, etc., [Inclosure 1.] STANFORD NEWEL. Mr. Newel to Baron de Lynden. LEGATION OF THE UNITED STATES, SIR: At the request of the President of Cuba, my Government instructs me to ask the Government of the Netherlands to permit the United States consular officers within its jurisdiction to use their good offices in representation of the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. In asking that this request may be granted, I seize this occasion, etc., STANFORD NEWEL. [Inclosure 2.-Translation.] MINISTRY OF FOREIGN AFFAIRS, MR. MINISTER: Referring to your excellency's note of the 26th of May last, I have the honor to advise you that the Government of Her Majesty the Queen has no objection to the United States consular officers being charged with the interests of Cuba and its citizens in the Netherlands and its colonies until Cuban consuls shall have been appointed. Accept, etc., MELVIL DE LYNDEN. a See instruction, page 6. NICARAGUA, COSTA RICA, AND SALVADOR. PROTECTION OF DANISH INTERESTS IN SALVADOR BY UNITED No. 425.] Mr. Hay to Mr. Merry. DEPARTMENT OF STATE, Washington, October 25, 1901. SIR: Referring to the Department's Nos. 470 % and 535,' dated, respectively, July 3, 1896, and February 6, 1897, relative to protection of Chinese subjects in Nicaragua and Salvador by the representatives of the United States in those countries, I inclose a translation of a note from the Danish minister at Washington explaining that his Government has no representatives in Salvador, and asking that under the circumstances the protection of the United States be extended to Danish subjects and interests in that country. Your efforts are to be confined to the friendly intervention in case of need for the protection of Danish subjects in their person and property from unjust and harsh treatment. You are not to hold any representative character or function as respects the Danish Government and are to act informally. Before taking any steps in the matter, however, you should represent to the Government of Salvador the wish of the Danish Government and the willingness of your Government to accede thereto, as herein indicated, provided the assent of the authorities of Salvador is entirely favorable. Its decision upon the subject should be reported to the Department. Mr. Hay to Mr. Merry. JOHN HAY. No. 429.] DEPARTMENT OF STATE, SIR: Referring to instruction No. 425, of October 25 last, I inclose herewith for your information a copy of a noted from the Danish minister stating that his Government will issue a notice to Danish subjects in Salvador that they have been placed under the protection of the United States as soon as it is informed that the Salvadorean Government assents to such protection. I am, etc., JOHN HAY. No. 691.] Mr. Merry to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to forward herewith the reply of the Government of El Salvador to your request as per your No. 425 of October a See Foreign Relations, 1897, p. 425. € See under Denmark, p. 365. 25 and No. 429 of December 10, 1901, that Danish subjects in that Republic may be accorded the protection of the United States Government under the same restrictions applicable to the subjects of the Chinese Empire. You will note that the Government of El Salvador concedes this request. I respectfully await your instructions to so advise our consular officers in that Republic. With assurances, etc., WILLIAM LAWRENCE MERRY [Inclosure-Translation.] Mr. Trigueros to Mr. Merry. DEPARTMENT OF FOREIGN RELATIONS, SIR: The consul-general of the United States in this Republic has informed me in a note of January 28 last that the minister of Denmark in Washington has requested the Government of the United States to obtain from my Government the necessary authority for the diplomatic representative of the Government of your excellency to grant his official protection to the Danish subjects residing in the Republic. In reply it is my duty to inform your excellency that my Government has no objection to conferring that authorization in order that the diplomatic representatives of the Government of the United States may exercise their good offices in favor of the Danish subjects, with the same restrictions and in the same form that it is permitted them to use their good offices respecting the subjects of the Chinese Empire. I am pleased, etc., Mr. Hay to Mr. Merry. JOSÉ TRIGUEROS. No. 457. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your No. 691 of the 20th ultimo, with inclosure from the Salvadorean minister of foreign affairs, from which it appears that the Government of Salvador has no objection to the exercise of your good offices and those of our consular officers in Salvador in favor of Danish subjects, with the same restrictions and in the same form as their exercise is permitted respecting Chinese subjects. You state that you will await the Department's instructions before advising the consular officers in Salvador. The Department's instructions in regard to the use of good offices in favor of Chinese subjects are contained in its No. 470, of July 3, 1896, and No. 535' of February 6, 1897, to your predecessor, Mr. Lewis Baker. As regards Danish subjects you will be guided by these instructions and that to you numbered 425 of October 25, 1901. You will instruct the United States consular officers in Salvador to act in accordance therewith. I inclose for your information copy of a note which I have this day addressed to the Danish minister on the subject. I am, etc. a See Foreign Relations, 1897, p. 425. Printed, ante. JOHN HAY. d Printed, under Denmark. ARBITRATION OF CLAIMS OF THE SALVADOR COMMERCIAL COMPANY ET AL. v. SALVADOR. The SECRETARY OF STATE. SIR: The following report, in the form of a draft instruction and accompanying memorandum, in the case of the Salvador Commercial Company . Salvador is respectfully submitted. W. L. PENFIELD, Solicitor. [Inclosure.] Draft of instruction to United States minister to Salvador. SIR: I gladly avail myself of this opportunity to express the gratification with which the Government of the United States has observed the kindly feeling and unfailing courtesy shown by the Government of Salvador throughout its elaborate discussion of the claim of the Salvador Commercial Company. It also affords me unfeigned pleasure to express the sincere desire of the Government of the United States to cultivate and strengthen the cordial relations which have long and happily existed between the two Republics. Constantly animated by a high sense of justice, the Government of the United States is incapable of consciously lending itself to the commission of an act of injustice either toward its own nationals or those of other States; far less could it do so toward another friendly State. It entirely shares the views of the Salvadoranean Government that the question at issue between the two Governments is simply a question of right, and one which should be determined by the principles of equity, sanctioned by the conscience of all good men. This has been the sole criterion of its judgment; and such being its constant motive, it has no opinion to offer on the language quoted in the first counter-memorandum from the writings of the distinguished publicist, Mr. Charles Calvo, containing charges by the distinguished author of wrongful interventions of European States with those of South and Central America for the collection of indemnities. If it were necessary to defend the high sense of honor which uniformly governs its own conduct in analogous cases, the Government of the United States is not wanting in ample precedents to vindicate its title to a foremost place among the nations in its respect for justice between nation and nation as between man and man. It might refer to the restitution to Japan of an indemnity which it collected in the sum of $785,000; to China, of an indemnity collected in the sum of $453,400.90; to Brazil, of an indemnity collected in the sum of $96,406.73, which had been wrongfully obtained on misinformation of the facts; and to the restitution recently made to the Republic of Mexico of $690,863:85 American gold. Other instances might be cited. Some of these moneys were refunded in the light of a better information and understanding of the facts, even after their payment to this Government on award made in pursuance of international arbitration, after a full hearing of all the evidence and arguments on both sides. In the light of these high precedents and of the frequent displays of its magnanimity and of its justice, and of the numerous and striking proofs it has given of its strong and sincere friendship to the States of Central and South America, the reference to the cited text of Calvo would seem to be inapposite to this discussion. That the Government of the United States should consciously do an unjust act toward any individual or any State is an impossible conception. Its vast resources and great power have, in its conception, no measure of value in comparison with the principles of justice, by the vindication of which and by the constant display of kind and fraternal feeling would it seek to win its true position among nations. There is never on its part danger of the conscious abuse of power; yet I am aware that there is always danger of the abuse of conscious power; and ever watchful against such subtile influence and in the effort to maintain the equal poise of the balance, the conclusion reached, from a most careful and laborious study of all the correspondence and evidence submitted on either side in this case, and especially of the oral arguments and counter-memoranda submitted on behalf of the Salvadoranean Government, is that Mr. Sol, vice-president of El Triunfo Company, was guilty of an act of usurped authority in assuming the permanent presidency of El Triunfo Company; that Sol, |