Dr. Yofre at once said that nothing was further from his thoughts than any idea of wounding the susceptibilities of diplomats accredited to the Argentine Government; that he would willingly try to arrange some means of conciliation, and that, as a matter of fact, the decree, though it might be somewhat faulty in wording, was never meant to apply to them at all, and certainly not to exercise any sort of control over the correspondence they might address to their Governments. The expression, any document," occurring in the fifth article, applied solely to ships' papers, including bills of health, and the whole purpose of the clauses affecting foreign functionaries was to prevent consular representatives from issuing foul bills of health when the existence of an epidemic had not been formally recognized by the Argentine Government. He could not, however, do anything without previous consultation with the President, and Mr. Barrington and Mr. Cavalcanti left him with the understanding that they would have another interview subsequently. The British minister having occasion to see the President the next day about another matter, also took advantage of it to allude to this conversation with Dr. Yofre, and to say that he thought it was much to be regretted that the decree had been drawn up in such terms as to raise the objections that were entertained by the foreign representatives here. He remarked, as he tells me, that the right of the Argentine Government to complain of any of them could not be contested, and that in the case of consuls-should such an extreme measure be judged necessary-it was within the powers of the Executive to withdraw their exequaturs. But the President, too, protested that there had been no intention of giving offense, and said that Dr. Yofre would do what he could to come to some compromise. When Mr. Barrington and Mr. Cavalcanti again saw the acting minister of foreign relations, they again repeated most of the arguments previously employed, and also urged the special difficulties in which diplomatic representatives found themselves who were at the same time discharging consular functions, such as the Italian minister, the French minister, and others. They also pointed out that official instructions on the subject of bills of health varied in different countries, and that those whose duty it was to fill them up might be under the necessity, if not delivering a foul bill, at any rate of recording suspicious circumstances, which might merely entail closer observation of a vessel on arrival at her port of destination. Dr. Yofre, however, maintained that the decree itself could not be changed, and that the phrases to which the diplomatic body took exception were meant to prevent consuls from pleading ignorance of the attitude assumed by the Government as regards the manifestation of an epidemic or exotic disease. He finally stated that he would be quite ready to afford a written explanation of this sort in answer to any note Mr. Barrington might address him on behalf of the diplomatic body, but that he did not see any other way open to him to meet the objections entertained by its members. Upon this rather unsatisfactory result of Mr. Barrington and Mr. Cavalcanti's interviews being learned, it was eventually decided that, as the Argentine Government maintained that the decree itself could not be altered, an exchange of notes would lead to no practical result, the essence of the objections raised to its terms remaining untouched, and that it would, therefore, be preferable for each representative to refer the matter to his government and ask for telegraphic instructions in the event of their being deemed requisite under the circumstances. In conformity with this conclusion, I have considered it my duty to submit the above, and beg to ask the Department for explicit instructions, telegraphic if possible, concerning the attitude to be taken by this legation in the matter. At the meetings of the diplomatic body I have declined to sign any collective note and sought to pursue a conciliatory policy, not wishing in any way to lessen or impair the friendly attitude of the officials of the Argentine Government toward the legation on the one hand and toward me personally on the other. At the same time it can not be denied that, though the passages of the decree objected to may have been drafted without that intent, yet they, notwithstanding, officially express a quasi denial of the extraterritorial attributes of diplomatic officers, which, if allowed to pass without further notice on the part of the governments who are diplomatically represented here, would more than likely tend to lessen the prestige of their representatives. The reference to foreign agents in the decree appears to me, moreover, entirely superfluous, inasmuch as the Argentine Government has the incontestable right to protest against or complain of them to their own governments, and such right needs, therefore, no special emphasis in a decree. At the same time such reference imputes to the diplomatic or consular officer a looseness of official action which can not be considered other than discourteous to him. I furthermore beg to draw the Department's attention to section 4 of the quarantine law of the United States approved February 15, 1893, wherein a consular officer is especially enjoined to report weekly the sanitary condition of the port or place at which he is stationed. The question arises here as to the sources from which he is to derive his information. Shall he solely report the official declarations of the Argentine Government to his government, which in some cases are liable to be issued tardily in order to avert or postpone as long as possible the deleterious effect such declarations must have upon the trade and commerce of the country, or shall he, in his own judgment, where good and reliable private and even public information is available, report also the facts as they come to him through the latter sources? Would he not be hampered in the full exercise of his official duty to his own government, and might he not endanger the health conditions of his own country if he should not have the right of reporting sanitary information other than official? And yet the above decree deprives him of this right, and explicitly prescribes for him the moment when he may issue "a document" intended to warn his government of impending danger from infection. I believe, therefore, that a more pronounced action than the diplomatic body has been able to take without instructions would be commendable, with a view to obtaining from the Argentine Government a declaration in the Boletin Oficial offering an explanation, and, if possible, making a withdrawal of the passages complained of. I also beg to enclose extracts from the daily press, which I regret not to have had time to render into English, but which in substance criticise the Argentine Government for great negligence in the drafting of the decree, and recommend a ratification of the error it has committed. I have the honor, etc., FRANÇOIS S. JONES. [Inlosure 1.-Translation.] Acting Minister Yofre to Mr. Jones. ARGENTINE REPUBLIC, MINISTER OF FOREIGN RELATIONS AND WORSHIP, Buenos Ayres, January 27, 1900. MR. CHARGÉ D'AFFAIRES: I have the honor to bring to the knowledge of your honor that the bubonic plague having been scientifically proved to be in Rosario, although in a sporadic form, the executive power has by a decree issued yesterday declared the existence of this malady in that city. I inclose to your honor copy of the decree mentioned, by which your honor will become acquainted with the measures adopted for the suppression of the disease and the prevention of its propagation in the country. I renew, etc., FELIPE YOFRE. [Inclosure 2.] Mr. Jones to Acting Minister Yofre. LEGATION OF THE UNITED STATES, MR. MINISTER: I have the honor to acknowledge the receipt of your excellency's note of the 27th instant, wherein you are good enough to advise this legation of the official confirmation by your excellency's Government of the existence of the bubonic plague in Rosario, at the same time kindly transmitting copy of the executive decree providing measures for the suppression of this malady and for the prevention of its dissemination. I have duly notified my Government by telegraph of the existence of the bubonic plague in Rosario, and entertain the hope to be able to telegraph at an early date the announcement of its total disappearance from your excellency's country. I avail myself, etc., FRANÇOIS S. JONES. [Inclosure 3.-Translation.] MINISTRY OF THE INTERIOR, Buenos Ayres, January 26, 1900. Having seen the note of the national department of hygiene announcing that the bubonic plague has been scientifically proved to exist in Rosario, although in a sporadic form, and asking that measures for the extinction and prevention of its propagation in the country be adopted, the President of the Republic decrees: ARTICLE 1. Let it be declared that the plague of the East exists in the city of Rosario, and that said city be isolated from the rest of the Republic. ART. 2. The river and land routes of that city leading abroad shall be subjected to the sanitary restrictions which the national department of hygiene shall prescribe. ART. 3. The communication of persons and things between the city of Rosario and the other parts of the Republic shall alone be effected by means of the sanitary stations and under the rules that the national department of hygiene shall adopt. ART. 4. The ministers of war and marine shall place at the disposition of the national department of hygiene, through the ministry of the interior, the means necessary to enable the execution of the provisions of the present decree. ART. 5. The national department of hygiene shall daily keep the ministry of the interior informed of the sanitary status of Rosario, in order to lessen the rigor of these rules according to the march of the disease. ART. 6. Communicate, publish, and give to the National Register. ROCA. FELIPE YOFRE. No. 14.] Mr. Hay to Mr. Lord. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of a dispatch from Mr. Jones, No. 769, of February 3, 1900, in regard to the sanitary decree of January 24, 1900, and generally to approve his action respecting the subject. As showing the Department's view respecting Article V of the decree, I inclose for your information and files copy of an instruction addressed to the consul of this Government at Buenos Ayres, No. 71, of the 7th instant. The consul's duty under the law where an epidemic prevails is to notify his Government and the vessel leaving port for any place in the United States, no matter what conditions a foreign government may impose. He would subject himself to severe reprimand not to do so and the vessel to a penalty of $5,000 for departing without a bill of health. SIR: The Department is in receipt of a dispatch from the chargé d'affaires ad interim of the United States at Buenos Ayres, No. 769, of February 3, 1900, reporting the attitude of the diplomatic corps in that city respecting the fifth article of the sanitary decree of the Argentine Republic, dated January 24, 1900. That article runs as follows: "Until an official declaration has been made of the existence of an exotic disease in Argentine territory, no national or provincial functionary, nor any foreign agent accredited to the National Government, may affirm in any document the existence of such disease, whatever may be the data or reports which are thought to justify the assertion." I deem it unnecessary to go further into detail respecting this decree, since the Department doubts not you are familiar with it. If not, a copy can be easily obtained and its provisions fully studied. You may likewise, if necessary, call upon Mr. Jones, at Buenos Ayres, who will not only be glad to show you a copy in full of his dispatch, but to render you any service of which he may be capable in case of necessity. Copy of this dispatch was forwarded to the Secretary of the Treasury, with a request for an expression of his views thereon. Mr. Gage's letter in reply, of April 28, 1900, remarks as follows: "I am advised by the Surgeon-General of the Marine-Hospital Service that the enforcement of the provisions of the act of February 15, 1893, requiring that vessels at any foreign port clearing for any port or place in the United States shall be required to obtain from the consular officer of the United States at the port of departure a bill of health, is very necessary, inasmuch as this bill of health contains much sanitary information. This law further provides that the said consular or medical officer is required, before granting such duplicate bill of health, to be satisfied that the matters and things therein stated are true. Therefore, a United States consul, being reasonably well satisfied in his own mind that an epidemic disease exists at the port to which he is accredited, although not so notified by the local authorities, he can not, either legally or conscientiously, state that such disease does not exist and sign the bill of health to that effect. Hence he must refuse to issue a bill of health and leave the vessel subject to the penalty of $5,000 on arrival at a port of the United States without a bill of health. "The information furnished by the consuls and inscribed upon the bill of health is usually founded upon unofficial reports received from the local authorities; but it does happen that the local authorities in some ports suppress information for several weeks, in order to prevent injury to the commerce of their ports, and it is therefore extremely undesirable that the consular officers of the United States should be forbidden to furnish sanitary information other than that officially furnished them by the local authorities. "It can not be otherwise than that a consular officer will occasionally find himself in possession of facts which lead him to believe or to know that quarantinable disease exists at the port where he is stationed, and that the authorities are willfully suppressing information regarding the same, and in such cases it would be the plain duty of the consul under the law to either state the facts in the bill of health or refuse to issue the said bill, which latter alternative would result in damage to the commerce of the port of departure at least equal to any damage accruing from a frank statement of sanitary facts." It appears from the dispatch of Mr. Jones that the diplomatic body, through two of its members, is giving the subject of this decree careful consideration. The Department is accordingly not without hope that an amicable and friendly understanding may yet be reached, if not a withdrawal of the obnoxious paragraph cited. Be this as it may, however, the Department is in receipt of a telegram of March 10 and a dispatch of March 12, 1900, No. 5, from the minister of the United States at Buenos Ayres, officially reporting the appearance of bubonic plague there and stating the measures adopted to prevent its spread. Under these circumstances, the Argentine Government being quarantined against, there would appear to be no reason to apprehend any trouble from any statement you might report upon the subject; but even so, your duty is clear under the law of the United States; approved February 15, 1893, to which Mr. Gage refers. I am, sir, etc., THOS. W. CRIDLER. COURTESIES TO U. S. S. CHICAGO AT BUENOS AYRES. Mr. Hay to Mr. Jones. No. 507.] DEPARTMENT OF STATE, Washington, February 27, 1900. SIR: I have to inform you that the Department is in receipt of a letter from the Navy Department, inclosing a communication from the commander in chief of the South Atlantic Station, Rear-Admiral Schley, dated December 30, 1899, reporting the incidents of a recent visit of the U. S. S. flagship Chicago at Buenos Ayres. This Department is pleased to learn of the cordial reception accorded Admiral Schley and his staff by President Roca and of the courtesies extended to them on the occasion of their visit. SIR: I inclose for your information copy of a letter from the Secretary of the Navy, transmitting copy of one from the commander in chief of the South Atlantic Station, expressing his gratification at the courteous attentions shown him by the United States chargé d'affaires ad interim at Buenos Ayres. I am, etc., JOHN HAY. |