Mr. Uhl to Mr. Baker.

No. 188.]

Sir: I have to acknowledge the receipt of your dispatch dated May 28 last, in which you recite a conversation had by you on the 21st of May with the President of Nicaragua relative to the restoration of Mr. Sigmund C. Braida to his office as consul of the United States at San Juan del Norte, in the conduct of which he was suspended some weeks ago in consequence of the withdrawal of his exequatur by the Nicaraguan Government.

The President informed you that he had temporarily restored Mr. Braida’s exequatur; but you replied that at the time of Mi. Braida’s “removal from office” you had “appointed” Dr. Henry De Soto consul in his stead, that the Nicaraguan Government had recognized Dr. De Soto as such consul, and that Mr. Braida could not be restored to the office without first procuring Dr. De Soto’s resignation, which step you did not regard as advisable until and unless Mr. Braida’s permanent restoration should be assented to.

The withdrawal of Mr. Braida’s exequatur did not operate as a removal from office, but only as a suspension of his authority to perform the duties thereof. No vacancy was thereby created which required filling by the appointment of another person; and, furthermore, a minister has no authority to appoint a consul. The President of the United States alone is authorized to appoint a consul, and then by and with the advice and consent of the Senate. Your authority extended only to the temporary installation of an unofficial person to preserve the consular archives and to perform such duties as in the emergency he might lawfully undertake without authorization according to law. Your action in designating Dr. De Soto to act in Mr. Braida’s stead, and in obtaining local permission for him so to act, was in legal effect nothing more than appointment of a custodian of the consulate and archives during the suspension of the regularly appointed officer. The restoration of Mr. Braida’s exequatur, therefore, whether temporary or permanent, would operate as a rehabilitation of his suspended authority to perform consular functions and qualify him to supersede Mr. De Soto in the custody of the office, without the formality of a resignation or other express determination of Mr. De Soto’s connection therewith.

You are therefore instructed to assent to the President’s offer to restore Mr. Braida’s exequatur, and to permit him to resume charge of the office.

I am, etc.,

Edwin F. Uhl.