Mr. Hill to Mr. Pioda.

No. 298.]

Sir: I have the honor to acknowledge receipt of your note of the 23d ultimo, relative to the cases of Dr. Edouard Cérésole and Mr. A. du Souchet, citizens of the Swiss Republic, residing at Alexandria and Cairo, respectively, and to the willingness of the Government of the United States to authorize its agents to exert their personal and unofficial good offices in their behalf in case of necessity, should this be agreeable to the Swiss Government.

You cite the circular of June 16, 1871 (Foreign Relations, 1871, pp. 28, 29), as an agreement between the two Governments, by which the United States undertook the protection of Swiss citizens, with the consent of the authorities of the country in which they resided, without the necessity of a previous understanding between the United States and Switzerland in each particular case. You accordingly inquire whether the instructions of Mr. Fish, at the time Secretary of State, have been modified, since the inquiry in Mr. Hay’s note of April 19, 1901, No. 291, would appear to indicate in the mind of the Swiss Government a doubt upon the subject.

By reference to the Department’s note to your legation of July 1, 1887 (Mr. Bayard to Mr. Kloss, Foreign Relations, 1887, pp. 1076, 1077), you will find it specifically stated in what manner representatives of the United States may be permitted to employ their good offices for the protection of an alien in those countries where his Government maintains neither a diplomatic nor consular officer. The views of this Government have not undergone a change from those [Page 507] expressed in the note to Mr. Kloss. In Mr. Frey’s note of October 24, 1887 (Foreign Relations, 1887, pp. 1077, 1078), he said that—

Although the Federal Council is unable fully to share the view stated in your note (Mr. Bayard’s) with regard to the nature and scope of the relation between the protecting State and persons committed to its protection, it has nevertheless been glad to be informed, in a definite manner, by your note what your interpretation of the relation in question is.

The Federal Council, you will recall, considered the matter as settled, and returned its thanks for the willingness of this Government to authorize the consular representatives of the United States to use their good offices in behalf of Swiss citizens, “of which kindness the Federal Council proposes to avail itself, if there shall be any necessity therefor.”

Mr. Hay’s note was intended to inform your Government that Dr. Cérésole and Mr. du Souchet had appealed for the protection of this Government, and that Mr. Long was willing to grant the use of his unofficial good offices in their behalf, if permitted by the Egyptian authorities.

In this connection I note your statement that the Swiss Government will not hesitate to support the request of these gentlemen “on condition that they themselves lay their request before the Federal Council.”

If it shall, therefore, be the desire of the Swiss Confederation, permit me to assure you that it will be the pleasure of the Government of the United States to authorize its agents at Cairo and Alexandria to extend by the use of their good offices, with the consent of the Egyptian Government, all possible protection to Mr. du Souchet and Dr. Cérésole, the case arising, as explained in its note of July 1, 1887.

Awaiting your further reply, and adding that the agent and consul-general of the United States at Cairo will be given copies of this correspondence for his information, I avail, etc.,

David J. Hill,
Acting Secretary.