United States with other countries, and in some instances assurances have been given that the reports of such intended legislation are unfounded. I have, etc., JOHN HAY. Mr. Tower to Mr. Hay. WASHINGTON, April 28, 1899. SIR: I have the honor to acknowledge the receipt of your note of the 27th instant, with reference to reports of legislation enacted or pending in certain States of the Union, and which would place British companies at a disadvantage in those States as compared with companies of other nationalities. I note with satisfaction that assurances have, in some instances, been already given in response to representations from your Department that the reports in question are unfounded. I have duly communicated a copy of your note to Her Majesty's principal secretary of state for foreign affairs. I have, etc., Mr. Tower to Mr. Hay. REGINALD TOWER. WASHINGTON, June 28, 1899. SIR: By my note of the 28th of April, I had the honor to inform you that I had duly communicated to Her Majesty's principal secretary of state for foreign affairs a copy of your note (No. 1422) of the 27th of April, respecting the legislation passed in certain States of the Union unfavorable for foreign insurance companies. I am now in receipt of a further dispatch from the Marquis of Salisbury on the subject, in which his lordship states that there was no question of the violation of any treaty existing between the United Kingdom and the United States, but that Her Majesty's Government merely desired to point out that British insurance companies would be placed at a disadvantage in certain States as compared with those of the United States themselves or even with those of certain foreign countries. Her Majesty's Government consequently suggested that an arrangement should be concluded between the two Governments which would prevent British companies from being subjected to unfavorable treatment by discriminatory legislation. I am therefore instructed to renew the representations on this subject contained in Sir Julian Pauncefote's note of the 5th of April, and to again propose that a treaty "ad hoc" shall be concluded between the United Kingdom and the United States. SIR: Referring to previous correspondence in regard to legislation enacted or proposed to be enacted in various States of the Union unfavorable to foreign insurance companies, and with reference particularly to the suggested negotiation of a treaty between the United States and Great Britain on the subject, with the view of averting the injury with which British insurance companies are threatened by discriminatory legislation on the part of several of the United States, I have the honor to say that the negotiation of such treaty would probably be futile on account of the many difficulties and obstacles which it would be likely to encounter from the indisposition of the people of the United States to suffer encroachment upon the ordinary and constitutional exercise of the legislative functions of the respective States by the making of treaties which are passed on by only one branch of the Federal Congress but which have the force of the supreme law. The fact that such treaties were made with Switzerland and Belgium could hardly be considered as a precedent for such enactment of law in the form of a treaty with nations having the great commercial interests of Great Britain. However much I might be pleased to respond affirmatively to your request, yet in the light of all the circumstances and of the vigilance with which any apparently important invasion of the rights of the States to regulate their own domestic concerns is guarded against, I am persuaded that such treaty, if negotiated, would fail of ratification by the Senate. For these reasons the proposed negotiation would, in my judgment, be fruitless, even if such a treaty could be agreed upon and submitted to the Senate. I have, etc., JOHN HAY. PROTECTION OF AMERICAN INTERESTS BY BRITISH REPRESENTATIVES DURING WAR WITH SPAIN. No. 166.] Mr. Hay to Mr. Choate. DEPARTMENT OF STATE, Washington, June 27, 1899. SIR: At the beginning of the recent war with Spain the diplomatic and consular representatives of Her Majesty accredited to the Spanish Government generously undertook the protection of the interests of American citizens and the transaction of necessary public business in behalf of the Government of the United States during the continuance of the war. Diplomatic relations having now been reestablished between this Government and that of Spain, it is desired that the cordial thanks of the Government of the United States be extended through the foreign office of Great Britain to the diplomatic and consular representatives of Her Majesty, and especially to Sir H. Drummond Wolff, Her Majesty's ambassador to the Court of Madrid, for their friendly offices to this Government and its citizens during the suspension of diplomatic relations. You are therefore requested to address to Lord Salisbury a suitable note conveying the expression of the appreciation with which the Government of the United States has received the valuable services of Her Majesty's representatives in the reception and care of the archives of the legation at Madrid, the protection afforded to American interests in Spain and the Spanish colonies, and the good offices exercised for this Government, with the request that its most grateful thanks be extended to Sir H. Drummond Wolff and the other officers of the British Government who have been instrumental in serving the United States. I have, etc., No. 117.] JOHN HAY. Mr. Choate to Mr. Hay. AMERICAN EMBASSY, London, July 12, 1899. SIR: I have the honor to acknowledge the receipt of the Department's No. 166, of the 27th ultimo, instructing me to convey to Her Majesty's Government the thanks of the President to Her Majesty's diplomatic and consular representatives in Spain for their friendly services rendered to the United States during the suspension of diplomatic relations with that country, and in obedience thereto I addressed a note to Lord Salisbury on the 11th instant, of which I inclose a copy herewith. I have, etc., JOSEPH H. CHOATE. [Inclosure in No. 117.] Mr. Choate to Lord Salisbury. AMERICAN EMBASSY, London, July 11, 1899. MY LORD: It affords me the greatest pleasure to inform your lordship that I have received the instructions of the President to express to your lordship the cordial thanks of the Government of the United States for the very friendly offices performed on its behalf by Her Majesty's diplomatic and consular representatives in Spain during the recent war between the United States and that country; and the President desires especially to express his obligations to Sir Henry Drummond Wolff, Her Majesty's ambassador at the Court of Madrid, for his faithful attention to the interests of the United States and of its citizens during the suspension of diplomatic relations. At the outset of the war Her Majesty's representatives accredited to the Spanish Government very generously undertook to look after American interests in Spain, and to transact for the United States such public business as the existence of war rendered possible and necessary. The services so voluntarily assumed were uniformly performed in the most friendly and courteous manner, and the President and people of the United States fully appreciate their value, and cherish a grateful recollection of them. They were a happy earnest of the good will prevailing between the two countries. I have, etc., Mr. Choate to Mr. Hay. JOSEPH H. CHOATE. No. 127.] AMERICAN EMBASSY, SIR: Referring to your instruction numbered 166, of 27th ultimo, I have the honor to inclose herewith the copy of a note which I have received from the Marquis of Salisbury, in reply to mine of the 11th instant, whereof a copy was transmitted to you in my dispatch No. 117, of the 12th instant. I have, etc., JOSEPH H. CHOATE. [Inclosure in No. 127.] Lord Salisbury to Mr. Choate. FOREIGN OFFICE, July 17, 1899. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of the 11th instant expressing the thanks of the Government of the United States for the friendly offices of Her Majesty's diplomatic and consular officers in Spain during the recent war. I shall have much pleasure in communicating to the consular officers concerned the appreciation of their services so kindly expressed in your excellency's note, and in conveying to Sir H. D. Wolff the flattering message of the President with regard to his personal efforts. I have, etc., SALISBURY. PROTECTION OF BRITISH INTERESTS AT PRETORIA BY UNITED STATES CONSUL. Mr. Tower to Mr. Hay. [Confidential.] BRITISH EMBASSY, Washington, October 8, 1899. SIR: I have the honor, by direction of Her Majesty's principal secretary of state for foreign affairs, to inquire whether, in the event of an attack upon the British forces by the Boers rendering necessary the withdrawal from Pretoria of the British agent, your Government would allow the United States consul at Pretoria to take charge of British interests. SIR: In response to your confidential note of the 8th instant, and in view of the further inquiry orally made to me by you this morning, I have the honor to inform you that in the event of the necessary withdrawal from Pretoria of the British agent, the Government of the United States will have pleasure in allowing its consul at Pretoria to afford to British interests in that quarter the friendly and neutral protective offices usual in such contingency. I have, etc., DAVID J. HILL, Mr. Tower to Mr. Hay. [Immediate.] WASHINGTON, October 13, 1899. SIR: I am directed by Her Majesty's principal secretary of state for foreign affairs, to whom I communicated by telegraph the contents of Dr. Hill's note No. 1580, of the 11th instant, to convey to you the thanks of Her Majesty's Government for the courteous expression of readiness to allow the United States consul at Pretoria to afford to British interests in that quarter the neutral protective offices usual in such contingency as that which has now occurred, viz, the withdrawal of the British agent from that place. I have now the honor to request that you will be good enough to give effect to this compliance with the desire of Her Majesty's Govern SIR: In view of Dr. Hill's assent, in his note of the 11th, to the request of your Government that the United States consul at Pretoria be allowed to afford the usual friendly protective offices to British interests in the event of the withdrawal of British representation, and such withdrawal having now taken place, as I am advised by your note of the 13th, just received, I have had the pleasure in telegraphing Consul Macrum that he is authorized, with the assent of the South African Government, to afford to British interests the friendly protective offices usual in such contingencies. I have, etc., ALVEY A. ADEE, |