Salaries of English Ministers, in pounds.

March 28, 1853

| Aug. 2, 1854 Declined,

bis duties,

Sept❜ber 10, 1850 Jan.

Never entered upon his duties.

5, 1851 2 months and 15 days, 3 months and 25 days.

1 month. Declined.

CONSULAR SYSTEM OF THE UNITED STATES.

any local law or positive instructions from his own Government, he has still certain great general

£10,000. Secretary and two attachés.

Austria-Embassador extraordinary and plenipotentiary, £9,000. Secretary and two attachés.

Turkey-Embassador extraordinary and plenipotentiary, £7,000. Secretary and six attachés.

Russia-Envoy extraordinary and minister plenipotentiary, £6,000. Secretary and two attachés. Spain-Envoy extraordinary and minister plenipotentiary, £6,000. Secretary and attaché. Prussia-Envoy extraordinary and minister plenipotentiary, £5,000. Secretary and attaché.

United States-Envoy extraordinary and minister plenipotentiary, £4,500. Secretary and attaché. Two Sicilies-Envoy extraordinary and minister plenipotentiary, £4,000. Secretary and attaché. Portugal-Envoy extraordinary and minister plenipotentiary, £4,000. Secretary and attaché. Brazil-Envoy extraordinary and minister plenipotentiary, £4,000. Secretary and attaché. Netherlands-Envoy extraordinary and minister plenipotentiary, £3,600. Secretary and attaché. Belgium-Envoy extraordinary and minister plenipotentiary, £3,600. Secretary and attaché. Sardinia-Envoy extraordinary and minister plenipotentiary, £3,600. Secretary and attaché. Denmark-Envoy extraordinary and minister plenipotentiary, £3,600. Secretary and attaché. Sweden-Envoy extraordinary and minister plenipotentiary, £3,000. Secretary and attaché. Switzerland-Minister plenipotentiary, £2,000. Secretary. Mexico-Minister plenipotentiary, £3,600. Secretary and attaché.

Buenos Ayres-Minister plenipotentiary, £3,000. Secretary.

Vienna...

Rome......

Diplomatic expense-France.

1848. Francs.

1852. Francs.

150,000 00 250,000 00 120,000 00 200,000 00 80.000 00 120,000 00 90,000 00 110,000 00 90,000 00 110,000 00

1844. Francs.

London....
St. Petersburgh.......

Madrid.

Constantinople.

Berlin....

.....

Naples...

Washington....

.284,375 00 145,000 00 .150,000 00 .200,000 00 ....120,000 00 93,222 20 91,666 65 90,000 00 65,545 00

Mexico....

80,000 00

€0,000 00 60,000 00 60,000 00

Rio de Janeiro.........

37,916 66

Turin....

56,873 00

70,000 00 45.833 31 60,000 00

Lisbon.....

OF LOUISIANA,

IN THE HOUSE OF REPRESENTATIVES,
February 6, 1855.

The question being upon the bill to remodel the Diplomatic and Consular systems of the United States, reported from the Committee on Foreign Affairs by the gentleman from Louisiana, [Mr. PERKINS,] and upon which he was entitled to the floor

Mr. PERKINS, of Louisiana, said:

Mr. SPEAKER: What I have now to say of our consular system is in continuation of my remarks on the bill reported from the Committee on Foreign Affairs for the reform of our consular and diplomatic systems.

The abuses under our consular system are even greater than those under our diplomatic system; and are of a character that demand immediate correction. They affect, injuriously, the honor of the country as well as its commercial interests, and bear with peculiar severity upon the American sailor.

I know the difficulty of interesting the House in a subject necessarily of so much detail as this reform. It is time, however, that it should be effected, and I earnestly ask the attention of members to a brief statement of the provisions of the bill before the House.

The diplomatic and consular reforms have been united in one bill, because they are both parts of our foreign service, both chiefly under the control of the State Department, and the defects in each chiefly result from the same causes-an originally imperfect organization, and the too close imitation of the English systems, retained for sixty-five years without important modification.

The powers of a consul, and the laws regulating his duty, can be considered, as they affect: First, his own country; second, the country to which he is sent; 20,000 00 100,000 00 third, our foreign commerce; fourth, the rights of seamen; and, fifth, the revenue of the country as collected by imposts upon foreign importation. I will speak of each of these points; and, without attempting to discuss any one of them fully, I will indicate six or seven of the greatest of existing abuses, and state how far, and in what manner, it is proposed

80,000 00 80,000 00 70,000 0J

60,000 00 70,000 00 50,000 00 60,000 00 50,000 00 60,000 00 50,000 00 55,000 00 40,000 CO 55.000 00 40,000 00 50,000 0 40,000 00 43,000 00

52,500 00 Copenhagen........... 38,333 32 Stockholm...... 50,000 co 40,000 00 45,000 00

to correct them.

The diplomatic representative abroad is under the protection of the law of nations. If without

The consul, on the other hand, does not exist by, nor derive his powers from, the law of nations. He is not, properly speaking, the representative of his country, but only of certain interests of his country. He is governed and protected by treaty stipulations, or special enactments. Any uncertainty, therefore, in the law regulating either his powers or his duties, leaves in great embarrassment all the interests under his control, and makes it of the utmost importance, not only that his duties be properly defined by the law of his own country, but that proper guards be placed upon their discharge. Under our present system, a United States consul presents an anomaly painful, and, at the same time, shameful to contemplate. Not necessarily a citizen of the United States, it often happens that he has never even visited this country, knows but little of our institutions, and speaks, if at all, but imperfectly our language. With no law regulating definitely his duties, and such statutes as exist, imperfect and difficult of access, scattered all through the numerous volumes of the acts of Congress, it is not surprising that the greatest abuses exist.

abstract abuse. The nature and character of the Mr. Speaker, I do not now refer to some mere duties of consuls, the extent and variety of subjects which command their attention, and generally the remoteness of their locality, and the utter helplessness of citizens abroad suffering, in person their agency, give to the provisions of our law or property, to obtain protection, except through regulating their conduct the highest degree of practical importance.

The consul, I have said, has duties to perform, both towards the country of which he is a resident and towards his own country. More than this, he is not only often the sole agent of communication between these Governments, but, from circumstances, he is frequently, at the same time, both the protector of his countrymen and a judge between them. It is his duty to guard the commercial interests of his country; to give notice of the infringement of treaties; to advise with and see that citizens of his Government are not imposed upon, or subjected to unnecessary demands in their business, and to be the organ through which their grievances are made known. Appointed to localities too remote to command the attention of

33D CONG....2D SESS.

the embassador, he is at once the peaceful sentinel of trade, and the legal advocate of the rights of his countrymen.

The present bill embodies the provisions of existing law respecting consuls, and the instructions of the Government, which have the force of law, but which now vary, more or less, with every new Secretary of State. The changes proposed by it in our existing system are such as have been suggested by the experience of those connected with our foreign service. Mr. Livingston's report, in 1833, Mr. Buchanan's, in 1846, and numerous other reports from committees of this House, and from persons in the foreign service, and on file in the State Department, have all been consulted. The minor provisions of the bill have been subjected to the severest scrutiny, by those in positions making them most competent to decide upon them. The committee, in determining its details, have sought to be governed by principle and although there may be objection in the minds of some members of the House to this or that feature in the bill, or to the amount of salary for this or that consulate, I do not think, taken as a whole, that any bill could have been elaborated with more care. It will be impossible to discuss before the House all these items, and I have only said so much in order that members may see that the committee, in presenting for their adoption the present bill have not done so without giving to even its minutest details that reflection and study which the importance of the subject demands.

The most important reforms under the bill can be briefly stated.

First. None but citizens of the United States will, under its provisions, be enabled to hold consular positions abroad.

Second. The consul will be obliged to remain personally within his commercial district and discharge the duties of his office. His salary will not begin until his actual entry upon the discharge of these duties; and if absent longer than ten days at any one time from his commercial district, with or without the consent of the President, he will forfeit, during such absence, his salary.

Third. It simplifies the grades of consular rank, and curtails some abuses resulting from the number and mode of appointment of vice consuls, who have heretofore enjoyed the privileges of regular consuls, without furnishing any of the guarantees either of a pecuniary kind or of character exacted of those appointed by the President and confirmed by the Senate.

Fourth. It denies to consuls at important points abroad, where there is much American trade, and their consular duties properly discharged should occupy their whole time, the right to engage in trade.

Fifth. It provides a salary for each consul, and defines precisely the fees to be collected, specifies their character and amount, and creates guards against extortion in their collection, or failure to account for them to the Government.

First. None but American citizens of the United States will, under the bill, be enabled to hold consular positions abroad.

I have already discussed this point, and will only confirm what I have said by the opinion of Mr. Jefferson, given in a letter to John Jay, dated Paris, November 14, 1788:

*The sections of this now substantially in force, either by law or the instructions of the State or Treasury Department, are:

Sections 9 and 10.-See circular instructions to diplomatic agents, secretaries of legation, and consuls, June 1, 1853.

Section 11 to line 6, 1Statutes at Large, 256, to line 9; Instructions in Supplement to General Instructions to Consuls, (note,) page 36, to line 14; Law or Instructions, 1 Statutes at Large, 256; General Instructions, chapter 1, article 1. The remainder of this section, General Instructions, chapter II, article 2.

Section 12. In respect to making returns of fees at stated times, General Instructions, chapter III, article 12, and Circular Instructions, June 1, 1853.

Section 13.-Circular Instructions, June 1, 1853. Section 15.-Law or Instructions, 2 Statutes at Large, 204; 5 Statutes at Large, 395; Circular, June 16, 1849; Circular, November 28, 1851; General Instructions, chapter IV, article 32.

Section 16.-General Instructions, chapter IV, article 34, and Circular, November 28, 1851. Sections 17 and 18.-Substantially the same as provisions of existing law, 5 Statutes at Large, 395, 396, 397.

Section 21.-1 Statutes at Large, 255, 256; General Instructions, chapter IV, section 2; section 22; General Instructions, chapter 3; Circular, June 1, 1853. Section 23.-General Instructions, chapter 2.

"With respect to consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, of whom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution that the interest of America would not permit the naming any person not a citizen to the office of consul, vice consul, agent, or commissary. "This was intended as a general answer to that swarm of foreign pretenders. It appears to me that it will be best still to preserve a part of this regulation."

These views are confirmed by the experience of all who have since been connected with the service. By the bill they are made the law. Second. The consul will be obliged, under the bill, to remain at his post and discharge the duties of his office. If absent longer than ten days at any one time from his commercial district, he will forfeit, during that absence, his salary. Persons will then no longer seek the position as enabling them to make the tour of Europe, or enjoy themselves abroad while their office is prostituted for gain, and its duties halfway discharged by hired substitutes. Consulships will be held for the interest of the country, and not for that of individuals. The importunity and influences now brought to bear upon the President, in granting leave of absence, will be checked. These are frequently of a character difficult to resist, and yet it is plainly the interest of the country, when an office is accepted in the foreign service, that its duties be personally discharged.

Third. We have now consul generals, consuls, vice consuls, and commercial agents.

The bill gets rid of many embarrassments, and simplifies this classification by establishing only consuls and commercial agents. In reality, the only difference between a consul general and a consul, is one of rank. A consul general ranks as a major in the Army, and a post captain in the Navy, and is received on an English vessel of war with the firing of nine guns. A consul ranks with a captain in the Army, and a commander in the Navy, and is received with the firing of seven guns. Their powers and their duties, except by special enactment, are the same.

Ho. OF REPs.

"Within the last few years, innumerable passports have been granted, by these vice consuls, to persons not pretending to be Americans One United States vice consul told me he had himself signed three thousand, and that all in one year from his consulate was four thousand two hundred."

In the same connection he says:

"So many vile frauds have been practiced in granting passports, that, in some parts of Europe, the term is, you can be manufactured an American as low as fifty cents, or if of a higher fabric, for fifteen dollars to thirty dollars."

Mr. Speaker, of course I do not read this as true always, or everywhere in Europe; but that it may be, and has been, practiced under our present consular system, makes its reform a duty. As I am reading, I will give an extract which will apply to another branch of the subject. Of consuls leaving their posts he says:

"Seventeen ministers, consuls, attachés, and others, all passed through this city within the last quarter, not one on Government business, or with the permission of the Department."

This reminds me, Mr. Speaker, to read the instructions about dress to our consuls, in force up to the last few years. The permission to be decked as it describes, may explain, in part, the great demand that has existed for the position of a vice consul:

STATE DEPARTMENT, July 1, 1838. ART. 47. The consular uniform (as prescribed by the circular from this Deparment, dated August 8, 1815, hereto annexed) must be worn on all visits of ceremony to the authorities of the place, and on all other proper occasions. Circular.

DEPARTMENT OF STATE, August 8, 1815. The consular uniform, prescribed in the standing consular instructious, is abolished, and the following substituted, viz:

Single-breasted coat of blue cloth, with standing cape or collar, and ten navy buttons in front, one button on each

side of the cape, four on each cuff, four under each pocket, and one on each hip and in the folds, two on each side, in the center, and one on each side of the same, at the lower extremities of the skirts.

The front, (from the cape down to the lower extremity of the skirts,) cuffs, cape, and pocket flaps, to be embroidered in goid, representing a vine composed of olive-leaves, and the button-holes to be worked with gold thread; the buttonholes correspoding with the width of the embroidery, which is not to exceed two inches in any part.

Vest and small clothes of white, and navy buttons; the former to have ten in front, and four under each pocket-flap. With this dress, a cocked hat, small sword, and shoes and buckles, are to be worn. The hat to be furnished with gold

Commercial agents are now appointed by the Government to certain countries, as to the colonies of Holland, where consuls will not be received, but where our commercial interests require protection. Their powers are less than those of consuls, and they do not possess the same immunities.

Vice consulates, as they now exist, are, by the bill, abolished. These positions have generally been filled by persons appointed by consuls to localities within their consular district, who, through it, have enjoyed the immunities of consuls, without any of the guarantees of character or capacity exacted of those appointed by the President and confirmed by the Senate.

It has been charged that these appointments have been sold by some of our consuls, and it is not surprising that a foreigner, the subject of another Government, holding office as consul under our Government, with power to delegate his authority, should do so for a consideration. Offices in many of the countries of Europe are disposed of in this way.

In 1852 there were in Europe one hundred and twenty-five subjects of other Governments acting as American vice consuls, and in European colonies two hundred and twenty-five, making three hundred and fifty, exclusive of those in South America and the Pacific. These men exercised all the power of regular consuls. They granted American passports to almost whom they pleased, and taxed Americans and American commerce for their support in almost every imaginable form. Should I state the extent to which frauds upon the office, as they have been described to me by those Treasury have been practiced under the consular in positions making them cognizant of the facts, it would seem almost incredible.

A letter addressed to me on this subject, by one many years consul abroad-still acting as suchand noted for his intelligence and honesty, says:

the center; added to which, it is to be understood that the mountings of the sword and shoe and knee buckles are to be gold; otherwise, gilt.

In such attire in this country one would only be laughed at; but at localities where rank is indicated by dress, and constitutes the ambition of life, you can imagine the satisfaction enjoyed by foreign vice consuls to the United States, in its parade on public occasions. It is worthy of note, that up to 1815, when Mr. Monroe was Secretary of State, consuls wore the United States naval uniform. It would seem as if this circular about dress was prepared to prevent any subsequent confounding of a consul with a naval officer. Since the circular of Mr. Marcy consuls dress very much as they please.

Consuls may, under the bill, have assistants in their offices, but they must be American citizens; and for their conduct the consuls themselves are responsible. The Government will only correspond with and recognize the consul.

Fourth. The bill before the House prohibits consuls at all the principal ports from engaging in trade, either in their own names or the names of other persons.

There is nothing more opposed to the genius of our institutions than the custom, common under European Governments, of jobbing in the duties of office; and yet, in adopting the consular system of Great Britain, we fastened upon our Government many positive evils of this character.

Great Britain originally allowed all her consuls to engage in trade, and it was only on the protest of her commercial interest, that she finally took from them in part the right. Her rule now is, that consuls at important commercial points shall not engage in trade.

* CONSULAR UNIFORM WHEN MR. JEFFERSON WAS SECRETARY OF STATE.-The consuls and vice consuls of the United States are free to wear the uniform of their Navy, if they choose to do so. This is a deep blue coat, with red facings, lining, and cuffs; the cuffs slashed, and a standing

collar; red waistcoat, (laced or not, at the election of the

wearer,) and blue breeches; yellow buttons, with a foul anchor, and black cockades and small swords.-3 Jefferson's Works, 187, 183.

33D CONG....2D SESS.

A general system of merchant consuls has been found not to answer, in the experience of other Governments, and has caused frequent and just complaint under our own Government, as giving undue advantages of trade to the consul over all other merchants at the same port. This advantage is so generally recognized that our consulships, except at certain points, where the consular dulies give constant occupation, are mainly sought for on this account.

Before American consuls abroad the invoices of all shipments to this country on foreign account are, by law, required to be sworn. By this means the consul in trade obtains a knowledge, possessed by no one else, of the business of every merchant at his port who is engaged in American trade. By giving information in advance, if inclined, he can lessen greatly the profits of the commercial adventure of another, and, at the same time, regulate his own shipments from a knowledge of those of all the other merchants, so as to insure profitable returns. At some ports this has had such an effect in destroying trade, by creating its monopoly in the hands of the consul, that foreign Governments have refused to receive as consul any one engaged in trade. France and Prussia have both protested against receiving at certain ports an American consul engaged in trade. The experience of the English and other Governments has been, that the consul, occupied solely in the discharge of the duties of his office, exerts greater influence, and secures more respect, from the authorities, because more independent in his action, and free from the suspicion of private interests. His protests in behalf of the commercial rights of his countrymen are considered the result of a sense of official duty, and are not weakened in energy by the desire of personal favor or facilities in trade. His actions, too, give more satisfaction to his countrymen, because free from the suspicion of having rivals in business by whose losses he is to profit. In fact a consul's individual interest can only be thus truly identified with the commerce and just rights of his countrymen, the enforcement of law, and the honor of his nation.

I must hasten on. There is constant temptation to fraud. If the consul is dishonest he is

beyond the reach of public opinion, and the delay and difficulty of supplying testimony from a distant point, almost frees him from legal responsibility. If he is honest, he is constantly subjected to suspicion from the very parties over whom he is expected to exercise a moral influence. If he is unfortunate in trade, and bankruptcy ensue, it involves a loss of official influence, and, at many points, even a national degradation in exposure, under the local law, to imprisonment.

Great, however, as are the evils resulting from merchant consuls in time of peace, they are greatly aggravated in time of war.

The facility with which a merchant consul can cover up the property of belligerents by ostensibly owning American vessels, which, in fact, belong to foreigners, and the various ways by which, in the exercise even of the just right of his office, he excites the suspicion of foreign Powers, tends greatly to disturb the good understanding especially necessary at such a time.

It has been said by one of much experience, that "many of the difficulties and unpleasant occurrences which happened to our citizens abroad, and so much embarrassed our relations with foreign nations during the last continental war, might have been avoided, if, instead of consuls allowed to engage in trade, and rendering their official character subservient to its interests, we had followed the example of other nations, and by strictly forbidding them commercial pursuits, and confining them to the transaction of public duties, had secured for them the amount of consideration and influence which is never extended to the merchant consul."

Fifth. The bill further creates salaries for all consuls and commercial agents, and provides for the accounting for the payment of all fees and commissions into the public Treasury.

This provision is required by economy and the interest of trade. It is the policy of our Government that its offices be adequately salaried, without being made sinecures. With the English consular system we adopted the rule of fees and commissions. Great Britain now salaries the greater number of her consuls, while we retain her old system.

If the consul is a merchant, and engaged in exporting, he cannot himself swear to the truth of his own invoices.

It is his interest that invoices should be low, while it is that of the United States revenue that they be high.

His rivals in trade, too, are naturally desirous of concealing from him a knowledge of their business, and to avoid swearing their invoices before him, often interest with them in trade some one at the home port, to just sufficient amount to admit of their swearing on the representations of letters. By this means extensive frauds are committed upon the revenue, which it is almost impossible to detect. To prevent this, as, in addition to the commercial advantage, he gets two dollars for every invoice sworn before him, the consul is tempted to countenance invoices below their real value. By this means the honest importer at the home port finds it impossible to compete with the dishonest foreigner, and our trade is thrown into the hands of citizens of other Governments. Thus it is that, at this time, more than sixty per centum of our importations from Europe are on foreign account. But the instances of conflict of duty and interest in the case of a merchant consul are too numerous to be mentioned.

an enormous tax upon commerce, securing great incomes to certain consulates, making sinecures for the reward of partisans, and leaving commerce and the revenue to suffer for the want of proper support for consuls at other points.

Ho. OF REPs.

shores of the Mediterranean; and to these places will now be added Japan and some of the islands in the Indian ocean.

The present bill is designed to remedy this; and if, instead of saying that all consuls are salaried under it, I should say that it simply provides that a consul shall hold only such an amount of what he collects as is proper for his support, and that all above this shall go to pay those consuls whose receipts are less than a support, I would more clearly describe its provisions.

One year the fees of a consulate may be highly remunerative, and another year scarcely sufficient for the rent of an office. As the consul's fees are contingent upon commerce, in a season of political disturbance, or financial distress, or of war, his support ceases, just when his presence becomes most necessary for the protection of the persons and property of his countrymen. Should the English channel, for example-as was the case, to a certain extent, lately, in the Baltic-become impassable for American commerce, every consul on its borders would be left without support. Thus, under the present system, there can be no regularity in consular returns. It is a lottery, in which some prove prizes, others blanks. While all the consulates, if taken together, would yield sufficient support for all, under actual circumstances, the surplus, at any one port, goes into the pocket of the consul, and the deficiency at another falls upon the Treasury.

The commerce of the country is thus unnecessarily taxed at one point, and fraud upon the revenue perpetrated at another, from the want of adequate support for a consul.

The consul dependent upon the fees of his office for support, is often compelled to stand in the light of a harsh exactor to those whose distress it is his duty to relieve. The knowledge that what is paid for any consular act goes into his pocket, throws a suspicion over all his offers of service. It is made his interest to retain all embarrassments in trade and port regulations that require appeals to him; and as his fees are in proportion to the formalities required in the writing and signing of papers, even those of strict necessity are attributed to this influence.

More than half the expense and annoyance of Americans abroad, in the obtaining and viseing of passports, is considered to result from the required formalities, yielding a fee to American consuls. By a combination between the consuls and the police, vises are often exacted when not required by law; and at other points where their requirement would be dispensed with on the consul's remonstrance, such remonstrance has been withheld because its exaction yields a fee of two dollars for each passport signed. Sometimes, too, the protection this gives has been extended, for a consideration, to those not entitled to it, and, in some instances, American citizens have been manufactured at so much a head.

The bill before the House is framed to remedy these and similar evils. While it is founded upon a conviction of the evils of merchant consuls and a system of fees, it does not, however, entirely abolish either. It goes only to the extent that the English system has gone. Consuls appointed where there is comparatively little trade, and where consular duties occupy but a portion of their time, and where there is no complaint against it, either from the foreign Government or our own citizens, are allowed to trade; and fees, though equalized and reduced in amount, are to be collected for the Government.

This is necessary, because it would be impossible to pass any bill imposing the entire support of our consular system upon the Treasury.

The present bill contains the germs of a system that can be perfected in the future.

Whenever all fees under Government offices of every kind shall be abolished, as I think they should be, they can be easily abolished under this bill, and without affecting in any way the value of its other provisions.

Where Government offices are remunerated by fees there is a constant disposition to convert them