I shall speak more particularly this evening, said the Professor, upon facts associated with the persons employed in the consular service; the selection, preparation and such other matter as may be of interest, leaving the duties of the service until the next lecture. Of course, this division is arbitrary, and is adopted merely as a matter of convenience. The data which I shall adduce may be found for the most part in the “Consular Regulations”, which anyone may purchase from the Superintendent of Documents in Washington. We shall consider the method by which these officers are chosen, then some reforms in that method which should have been adopted long ago, and which, it is hoped, we shall soon see in operation. But before describing these methods and reforms, let us notice briefly the grade, rank and classification of the service, likewise the definition of a few technical terms, in order that we may know exactly what we are talking about.
These three are “full, principal and permanent consular officers as distinguished from subordinates and substitutes”. These latter include Vice Consuls General, Deputy Consuls General, Vice Consuls, Deputy Consuls, Vice Commercial Agents, Consular Agents, Consular Clerks, Interpreters, Marshals and Clerks at Consulate. The term consul, as applied to the second grade, has also a common, generic meaning, including every consular officer, and it is in the latter sense that we shall generally use it. In the same way the word consulate seems to waver in meaning, sometimes covering the entire region over which a consul has jurisdiction, i. e., the consular district, and sometimes implying only the official residence—the room or building in which the consul does business. The boundaries of the consulate—using Now as to the difference in power between these three principal grades there is little to say, for there is very little difference except that of grade. Their functions as consuls are quite the same. The only difference is that the Consul General, except in three cases, Calcutta, Dresden and Mexico, has limited supervision over consuls within his jurisdiction. This supervision is confined to such as “can be exercised by correspondence” and is intended to insure that the Consular Regulations are complied with and the Consular Reports prepared for the State Department. The Consuls General are “in no sense auditing officers”. A Consulate General usually includes all the consulates within any one country, though in The Commercial Agent is simply a consul of a lower grade and under another name. The title is quite unfortunately chosen, especially since the same term is used in other countries to designate an officer quite inferior in rank and privileges. As to subordinate officers and substitutes, a word may be said in passing. Vice Consuls General, Vice Consuls and Vice Commercial Agents are just what might be inferred from their titles—appointees to take the place of their principals whenever the latter are absent. The deputy officers, on the other hand, may discharge the duties of their superiors while the latter are at their posts, though they may never “assume the responsible charge of the office”. Consular Agents represent their principals As to Consular Clerks, the President is authorized to appoint as many as thirteen who may be assigned to duty as the Secretary of State may choose. They may not be removed from office “except for cause, stated in writing, which shall be submitted to Congress”. This is a peculiar freak of legislation, but it has some valuable suggestions. Interpreters are stationed only at certain consulates in China, Japan, Korea, the Turkish domains, and Zanzibar. They are usually natives of the country. Marshals are appointed only for certain consular courts in the less civilized countries. Lastly Clerks at Consulates are such as attend to the routine clerical work of the office. For all these subordinate positions it is recommended that American citizens be employed whenever possible. Showing Off Showing Since a consular officer generally holds office such a short time, one would not expect him to rank with Navy and Army officers, but such is the case. Here are the equivalents in rank:
Consular officers are expected to advance the interests of the Navy socially and otherwise CLASSIFICATION.Thus far we have considered the grade and the rank of consular officers. Turning now to classification, we find that it is merely a matter of convenience to the State Department—an arrangement according to salary. Again there are three classes, or schedules, namely: (1) Schedule B. This includes 38 consuls general, 196 consuls and 10 commercial agents. It embraces all those who “receive a fixed salary and are not allowed to transact (private) business”. These, of course, occupy the more responsible positions and receive the highest salaries, ranging from $5,000 down. (2) Schedule C. This includes only 10 consuls. It embraces those who “receive a fixed salary and are allowed to transact (private) business”. The salaries of these ten consuls are lower than those in the first schedule, but (3) The third schedule (which apparently ought to be D), comprises all others who receive no salary, but who are allowed to retain the fees of their respective offices and to engage in business. Of these there are 48 consuls and 20 commercial agents. SELECTION AND APPOINTMENT OF CONSULAR OFFICERS.The time has been when our consular service was simply a plaything for politicians, and the diplomatic service was not essentially different. The improvement has been very slow for the reason that it has been at the mercy of Congress for the annual appropriation which enables it to live, and to politicians everywhere for the frequent changes in its personnel. Or to go farther back for causes, its improvement has been delayed because the people have had more interest in the home market than in the foreign market. When our merchants send bales of advertising matter printed in English to a country where But there has been some improvement; so that notwithstanding the present weaknesses of the system there are some reasons for congratulation that it is as good as it is. There was an executive order issued in September, 1895, which recognized the justice of some of the complaints made against the service and provided for some measures of reform. Among these we notice that consulates or commercial agencies paying between $1,000 and $2,500 per year shall be filled in one of three ways— (1) “By transfer or promotion from some other position under the Department of State of a character tending to qualify the incumbent for the position to be filled.” This enables the Department to be something of a training school for the service, in a small way. (2) “By appointment of some one not under the Department of State, but having served thereunder to its satisfaction in a capacity This gives second preference to those who may have been discharged for political reasons. (3) “By the appointment of a person who, having furnished the customary evidence of character, responsibility and capacity, and being thereupon selected by the President for examination, is found upon such examination to be qualified for the position.” The order of preference given above seems to be very judicious and thoroughly in harmony with the spirit of civil service reform. The President further stated that “a vacancy in a consulate will be filled at discretion only when a suitable appointment cannot be made in any of the modes indicated”. It will be observed, however, that this order makes provision for filling only the less important consular positions, that is, those paying between $1,000 and $2,500 per annum. As to the method of filling the others it is silent. (1) General education, knowledge of languages, business training and experience. (2) The country in which the consul or commercial agent is to reside, its government, chief magistrate, geographical features, principal cities, chief production and its commercial intercourse and relations with the United States. (3) The exequatur, its nature and use. (4) Functions of a consul or commercial agent as compared with those of a vice consul or consular agent; relation of former to latter, also to the United States minister or ambassador at the capital of the country. (5) Duties of a consul or commercial agent as regards:
(6) Treaties between the United States and the foreign country. (7) Relation of ambassador and minister to laws of the country to which they are accredited, as compared with those of consul or commercial agent to those of the countries where they reside. (8) Acts of ambassador or minister, how far binding upon his country. (9) Diplomatic, judicial, and commercial functions of consuls or commercial agents. (10) Piracy, what it is and where punishable. (11) Consular Regulations of the United States—copy of which (to be returned to the Department) will be supplied to each candidate upon application. One might suppose that a man who could pass a good examination on the above subjects would be pretty well qualified for the service, with one glaring exception, namely, that nothing is said about requiring an acquaintance with modern languages, especially that of the country where the consul is to be located. Moreover, complaints are still coming in as before, so that, although it is somewhat the fashion to condemn our consular system as the “worst in the world”, it is evident that we haven’t got to the bottom of the difficulty yet. It needs no argument to show that the “spoils system”, pure and simple, is the most suicidal policy possible. The logic of history—our own history—upon this very point, is conclusive. But to throw the consular and diplomatic service into the “classified list”, or, in other words, to decide upon the fitness Now these three points are to be considered in determining a candidate’s fitness for any position whatever—what he is, what he knows, and what he can do. The practical problems for the State Department are how to determine what a man is when in the majority of cases he is an entire stranger, how to discover what he can do when he has never been tested by experience, and how to expect him to know much about the business when there is not a school anywhere prepared to give the needed instruction. Suppose you want to prepare for this service, how would you go about it? How would Well, what ought to be done? Why, establish some means of instruction for one thing. No one will doubt the wisdom of maintaining the academies at West Point and Annapolis for the Army and Navy, and are not the needs of the foreign service, Diplomatic, Consular, and lately Colonial, as urgent and important as the others? We have often heard the need of a great national university The need of a school of political science, economics, and modern languages, and the need of its location at the capital of the nation and under national control, is all the more urgent and unmistakable now that questions in colonial government are coming up for solution; and when one considers the multitude of problems afforded by the work of the consular service, together with the statecraft of the diplomatic, it is easy to see that there should be such an institution. A government which has provided so liberally for general education ought not to neglect that wise provision where its own efficient service demands it and nothing else can well supply it. It is gratifying to notice that an honest and intelligent effort is being made in Congress to bring about some needed reforms in the consular service. A bill One would be astonished that such common-sense measures as these have not been in operation this long time, were it not for the power of “practical politics”. The “practical politician” is discovered easily and in every precinct. You have only to speak of efficiency or merit as the chief test of a candidate’s fitness for office, and he will have something to say about “giving every man a chance”, “changing around”, “getting out of the ruts”, etc. Should a consul’s station depend upon the “exigencies of the service”? Certainly; what is the service for? May he not be “removed by caprice”? Certainly not; for again, what is the service for? Appointment to grades instead of to particular Since this bill or a similar one is likely to become a law, and in any event has already earned strong endorsement, I append a few more of its provisions. Instead of consul general, consul and commercial agent there are to be four grades, namely consul general of the first and the second class and consul of the first and the second class. All consular officers shall receive compensation in salaries—none in fees. Subjects in examination shall relate “chiefly but not exclusively to the duties of the consular service, and for consul of the first class examination in one foreign language will be required”. The President is to appoint a board of five examiners, “who are to be the Civil Service Commissioners and two officials of the State Department”. These, however, shall have no connection with the reorganization of the entire service, which is entrusted to a committee There remains one important subject to be mentioned—the very difficult subject of the selection of men for examination, or after examination it may be. The present system is purely political. If you happen to have “influence” which will secure you a recommendation to the President you may be permitted to take the examination whenever a vacancy occurs. Hence the way is pretty effectually barred as far as unsupported merit is concerned; so it depends much more upon the “influence” than upon your merit. This is open to obvious abuses, and in case restrictions as to preparation are set aside, what have we but the “spoils system”? On the other hand the Department must know something more about you than an examination Whether any better way can be devised remains to be seen, but in justice to the present system it must be said that it has secured many good officials—so many, indeed, that the American consular system, according to one writer “The Americans are practical men and their instinct for business is marvelous. Nothing is more characteristic in this respect than the organization of their consular corps. Its duty is that of a sort of bureau of information at the expense of the state. It is recruited principally “The American consul does not understand that he has a commercial situation to maintain but always a commercial situation to conquer. His ingenuity is exercised to invent and find new markets, and in his study of ways and means, he descends to the most minute details. Despite their colonial conquests, the Americans have comprehended that the real struggle remains in the old markets—that there especially is the hard school that will force them to manufacture and sell better than all others”. It appears from the above quotation, as well as others, that, in the judgment of Europeans, the peculiar excellence of the American consul is analogous to that of the American soldier—his ability to take the initiative, to be his own commander. After all, the man is more important than the equipment and harder to discover. AFTER APPOINTMENT.Now let us watch our candidate get ready for business after he has received notice of his appointment. Every consular officer before entering upon his duties must take the prescribed oath of office and give bond for a sum of not less than one thousand nor more than ten thousand dollars. Then his commission is made out and given to the Diplomatic Bureau along with a special passport and an order on his predecessor to turn over the office to him. The commission is forwarded to the diplomatic representative in the country where he is to be stationed with instructions to procure from the government an exequatur. An exequatur, in a word, is permission to act. It is simply a formal recognition of the right of any country to grant or refuse to any other country, or any of its representatives, the right to do business within its territory. Meanwhile our newly made consul is supposed to be very hard at work completing his preparation, for he is to be at his post within thirty days of the date of his commission, his It is expected that the consulate shall remain in the same place; but if our consul prefers to move he may move. He must do so, however, subject to instructions, for he is expected to establish his office “at the most convenient, central location that the sum allowed for office rent will permit”, and then give in minute detail a description of the new office in a report to the State Department. “The arms of the United States should be placed over the entrance to the consulate, unless prohibited by the laws of the country.” The flag may be hoisted occasionally, on national holidays, etc., if there is no objection, and it is Nothing is stipulated as to his residence except that it must be within the town in which he is doing business. Though he is expected to have regular office hours, he must be willing to be at the service of the public if called upon outside of those hours. PRIVILEGES.The consular service originally comprised some of the functions and enjoyed many of the privileges of the diplomatic. It lost those functions and most of the privileges when the diplomatic service developed and became common, except in uncivilized countries. The consul has lost, in the main, his representative character and has retained in uncivilized countries his judicial power—capacity to act as a judge. The consul has lost the right of exterritoriality, that is, the right to be subject to the laws of his own country and not to those of the country where he is stationed. However, he is under the special protection of international law and is regarded as the officer “both of the state which appoints and the state TREATY RIGHTS.The-most-favored-nation clause in a commercial or consular treaty between two powers entitles the consuls of those two countries to all the privileges that those countries grant to the consuls of other powers. It is no more than an agreement between Smith and Jones that in a certain particular they will treat each other as decently as they treat any of their other neighbors. Inviolability of the archives and papers of the consulate means that they cannot be seized or examined by anybody. Inviolability of the consular office and dwelling secures those places from invasion even by officers of the law; but it is understood that they are not to be used as an asylum or Exemption from arrest secures to a consul the freedom of a diplomatic officer, but this is seldom enjoyed in full. Usage inclines to grant every liberty to a consul consistent with public welfare. He is seldom exempt from arrest for crime. Exemption from obligation to appear as a witness “except for defense of persons accused of crime” is secured in several countries. Exemption from taxation of personal property is secured in a number of countries, provided the officer is not a citizen of that country, and provided also he is not engaged in business. This first proviso may sound a little strange, yet it is a fact that Uncle Sam has often jeopardized his reputation for shrewdness by employing citizens of a country to represent his commercial interests right in their own home. A study of treaties will show that foreign governments Exemption from military billetings and public services is granted upon the same proviso mentioned above. These are not all the points covered by treaties in reference to the consular service, but the remainder contemplate his duties rather than his privileges and may be mentioned, possibly, in the next lecture. Bear in mind that these privileges do not exist in any country unless it is so stipulated in a treaty between the United States and that particular country. PROHIBITIONS.Uncle Sam doesn’t propose to have his public servants abroad intermeddling in foreign politics. Consuls are desired to “cultivate friendly social relations with the community in which they reside”, but to “refrain from expressing harsh or disagreeable opinions upon local, political or other questions which divide the community within their jurisdiction. They are forbidden to participate in any manner This is good, sound diplomacy; and the same paragraph goes on to say, “It is at the same time no less their duty to report freely and seasonably to their own government all important facts which may come to their knowledge touching the political condition of the country, especially if their communications can be made to subserve or may affect the interests of their own country”. U.S. CONSUL Public Speeches.—He is “not allowed to allude in public speeches to any matters in dispute between the United States and any other government, nor to any matters pending in The Press.—The prohibitions extend also to correspondence with the press, not literary or non-political articles, but to such as touch upon public affairs in any foreign government, or communications to newspapers relative to epidemic diseases abroad. Gifts, Testimonials.—Consuls are not permitted to ask or accept for themselves or anybody else “any present, emolument, pecuniary favor, office or title of any kind from any foreign government”. If any such offers are made to them “they may apply to Congress through the Department of State for permission to accept the same”. Recommendations for Office.—Consuls are forbidden to recommend any one for any governmental office or trust of profit. By permission of the Secretary of State they may make recommendations to offices subject to their own jurisdiction. Uniform.—Consular officers are forbidden Absence.—Consuls are forbidden to be absent from their posts longer than forty-eight hours without reporting to the Department about it. No one is permitted to be absent more than ten days at any one time without permission from the President. Special permission must be obtained in order to return to the United States, and the statutes do not provide for a continuance of salary for an absence of longer than sixty days. This is about all that need be said about the consuls themselves. What remains to be considered will come up in connection with the duties of the consular office. We will wait a few moments for questions. Q. “Professor, aren’t there other needed A. “Certainly, but I preferred to dwell only upon the most difficult and at the same time the most vital of them all; namely, the choice and preparation of the men. I think it might be well to emphasize just a point or two more in this connection. The first is that the consular service ought not to be filled with foreigners. The Consular Register of July, 1899, shows that out of 706 subordinate positions, including commercial agencies, 412 are filled by men born in the country where they are stationed. In fact, out of a total of 1,020 men in the consular service only 547 are of American birth or parentage. The reason for this is that so many of the positions don’t pay enough to induce Americans to undertake them. Four or five hundred dollars a year may mean something to a man who is on the spot, small as the sum is, but it shuts Americans out of a large majority of the subordinate positions. “The second point to be mentioned is the Barking dog on a chain standing between man and money bag Q. “Will you please distinguish again between Consular Clerks and Clerks at Consulate”? A. “Certainly; Consular Clerks are not stationed at consulates at all. They are specialists who work upon some task assigned by the State Department. Such a one may specialize upon a certain line of textile fabrics in all its degrees of quality and the methods employed in its manufacture. Another may become an expert authority on chemicals or iron and steel products, etc. Clerks at Consulate are, as you may suppose, those engaged in ordinary clerical duties at the consulates.” Q. “Do you think that the present movement A. “Not at all. The last two administrations, i. e., Cleveland’s and McKinley’s, have done more for this cause, perhaps, than all the others put together. Moreover, the time just now is ripe for this reform and Congressmen should be more than ever awake to the necessity of it, irrespective of party”. Q. “How about that school for consuls and diplomats, Professor? It seems to me that however desirable it may be, it is hardly feasible for partisan reasons.” A. “That, of course, is the stock objection to such a proposition. Yet I fail to see why such a school might not be put into the hands of a non-partisan board—say the second and third Assistant Secretaries of State, who do not change with the administration as a rule. And we might add to these the Civil Service Commissioners, or any other competent men, provided they are not to be meddled with on the score of partisanship. Partisanship does not enter into the management of West Point Q. “But why not leave all this to the institutions already established?” A. “Well, perhaps as good a reason as any is that none of them are in Washington. The government has here its great scientific museum, the Smithsonian Institute; also its historical museum, various experiment stations, and above all, perhaps, its Congressional Library and collections of State papers and archives. Besides, diplomacy should be learned from diplomats in active service—men acquainted with their occupation both past and present, European and American. Such a school need not be continuous, perhaps, or conducted as many months of the year as other schools, its chief purpose being to satisfy the exigencies of the Government, rather than to furnish a liberal education”. Q. “I suppose, Professor, that our Government has treaties with most other countries A. “Yes, in the main, though there are some surprising exceptions. For instance, ‘the-most-favored-nation’ clause is not in the treaties with either Great Britain or Sweden and Norway. With many of our neighboring states we have no extradition treaties whatever. A glance at the synopsis Empty chair next to desk stacked with books |