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DIPLOMATIC RELATIONS WITH FOREIGN NATIONS.

FIFTY-THIRD CONGRESS, THIRD SESSION.

January 16, 1895.

[Senate Report No. 772.]

Mr. Davis, from the Committee on Foreign Relations, submitted the following report:

The Committee on Foreign Relations (through Mr. Davis), to whom was referred the bill (S. 1309) to provide for the provisional government of foreign countries and places acquired by treaty or otherwise, recommend the passage of said bill with the following amendments: Strike out the words "with the advice and consent of the Senate” in lines 6 and 7.

In line 8 strike out "five" and insert "three."

[See pp. 33, 979, and p. 120, Vol. VI.]

February 6, 1895.

[Senate Report No. 886.]

Mr. Morgan, from the Committee on Foreign Relations, submitted the following report:

The consular service of the United States, like that of other nations, developed gradually out of the necessities of commerce and the willingness of merchants in foreign countries to represent other governments than their own and to discharge certain fiscal and other duties for the sake of the fees to be collected for such services. While the other great commercial nations of the world have at intervals down to recent times been active in the improvement of their consular service, in order to meet satisfactorily the exigencies of a steadily increasing competition in international trade, the consular system of the United States has remained practically unchanged since the time it was called into existence on a small scale by the acts of July 1, 1790, and of April 14, 1792, and kept alive by a number of subsequent unimportant acts.

The act "to remodel the diplomatic and consular system" of March 1, 1855, is entitled to be regarded as an improvement only so far as it slightly enlarged the service and corrected certain abuses therein by a closer supervision of the fees. It in no way, however, effected a change in the principle of consular representation or in the system of appointment. Apart, therefore, from the act of June 20, 1864, which provided for the establishment of a small body of thirteen consular clerks with a permanent tenure of office, a measure which at its inception was intended to form the nucleus of an entire reform of the

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service on that basis, this institution, so important to our foreign trade, has suffered the oversight and indifference of Congress.

This neglect is the more striking and the less excusable when our foreign trade of half a century ago is contrasted with that of to-day. In 1850 the combined value of our imports and domestic exports amounted to $308,409,759; in 1893 it reached the figure of $1,697,431,707. But notwithstanding these present vastly increased and far more intricate commercial relations indicated by these figures, no step whatever to increase the efficiency of the consular service, to which the direction and fostering of these relations are intrusted, has been taken. That this has entailed a great loss annually to our foreign trade can not be questioned; that there is also an urgent necessity to correct this want of efficiency is equally apparent.

Even more applicable to the industrial and commercial conditions of to-day, but with reference to those of a decade ago, Secretary Frelinghuysen said in 1884:

Until recently the demands of Europe, which consumed the greater portion of our exports, and the condition of the producing countries, were such as to give us control in the supply of certain products, such as breadstuffs, provisions, cotton, petroleum, etc. The demands of Europe for all these products, and of the other continents for petroleum especially, were so positive, and our p oducing conditions so favorable, as to give us practically a monopoly for their supply.

These conditions of international demand and supply are undergoing radical changes which the near future will intensify.

The efforts which have been made and which are being made by Europe to enlarge the field of supply in the above-mentioned products, aided by the ambition which prevails in all countries for the development of natural and artificial resources to meet their own wants and to supply the wants of others, have resulted in awakening competition for the supply even of those products which we have heretofore controlled. It is true that thus far this competition has not affected our trade to any appreciable extent, but the desire for development which is now abroad and the ambition which prevails to increase the production (outside of the United States) of the foregoing articles render consular supervision of absolute importance. The complex commercial relations and industrial interests which now prevail in Europe have originated hostility to American products in many countries, and afford additional reasons for the enlargement and perfection of the consular service.1

In 1885 Mr. Cleveland, in his message to Congress, expresses himself to the same effect when he says: "The reorganization of the consular service is a matter of serious importance to our national interests," and in 1893 he again refers to the subject, as follows:

During my former administration I took occasion to recommend a recast of the laws relating to the consular service, in order that it might become a more efficient agency in the promotion of the interests it was intended to subserve. The duties and powers of consuls have been expanded with the growing requirements of our foreign trade. Discharging important duties affecting our Commerce and American citizens abroad, and in certain countries exercising judicial functions, these officers should be men of character, intelligence, and ability.

In addition to these expressions from a high official source, the necessity of a reform has been recognized by men of letters, eminent statesmen, journalists, and important boards of trade of this country.

It must be admitted that the present management of our foreign service is burdened with many drawbacks to its efficacy by considerations that relate to domestic politics. Partisan policy, when strictly carried out in making appointments in our foreign service, has no other meaning than that the consular offices are primarily regarded as rewards for political services. The real capacity and usefulness of a consul is too often a secondary consideration.

Communication of the Secretary of State to the President, March 20, 1884.

This important and indispensable part of the machinery by which our foreign intercourse is conducted is often employed to pension political favorites. That to subserve the interests of the service ought to be the sole end in view in the selection of incumbents can not be disputed. To consider the offices merely as sources from which these partisan officeholders may derive four years of maintenance is as absurd as it would be to construct a navy to defend the country and to intrust its command to landsmen without experience for whom we might desire to provide a living and comfortable quarters.

Such a purpose, or one not more gratifying, has often been put into practice in our diplomatic and consular service. To protect and promote in time of peace our varied foreign interests through the agency of a trained personnel is not a less-important subject for legislative consideration and provision than in time of war to defend them by the most efficient means at our command.

The object of this act is to provide a system by which persons shall be trained for the duties of the consular service, so that they shall be able to perform them in the best possible way at a reasonable expense to the Government. That this can not be obtained without removing the selection of persons for this service from the control of party politics is shown by our experience, if any proof were required to establish a conclusion so entirely true and indisputable.

Fitness of the candidate, permanency of tenure during good behavior, and an impartial method of selection and to govern promotion as reward for efficiency are the principles on which a useful consular service can alone be based, with an expectation of the best results.

Under our present system a consular or diplomatic officer has no sooner familiarized himself with the duties of his office and begun to acquire a knowledge of its business and fitness for his duties than he is removed to make room for another novice, who is likewise superseded as soon as his experience begins to enable him to discharge the duties of his office to the satisfaction of himself and others. Thus, in one generation the same post is frequently filled by a number of men, who are successively displaced as soon as they have learned to transact the business of their offices with something of professional knowledge. and skill.

This system is not only unjust to the people, but it is equally unjust to the agents, who are thrown back upon their own resources just at the time when a three or four years' preparation has fitted them to devote their energies and capacity with advantage to the foreign service.

To compete successfully with the agents of foreign powers, and to conduct advantageously the political and commercial affairs of our own country, the appointees to this service should be familiar not only with the laws, customs, industries, manufactures, and natural products of our own land, but they should be instructed in the laws, pursuits, language, the contributions to commerce, and the character of the people to whom they are accredited. To this should be added a competent knowledge of the law of nations and of commercial law. As long as these officers are transferred from pursuits and associations which have no connection with commerce or the foreign service, however able and skillful they may be in other things, they can not possess the special knowledge and skill which will render their labors either useful or creditable to the consular service.

The foreign service of European governments for many years has

been the object of careful solicitude on their part. An outline statement of them will better enable us to understand the disadvantage we suffer from a defective system.

The French consular service is composed of—

40 consuls-general, at a salary each.
50 consuls of the first class, each..
80 consuls of the second class, each
100 vice-consuls.

24 pupil consuls

$3,600

2,800

2,000

1,400

800

The conditions for admission to the diplomatic and consular service of France are prescribed in a decree of October 15, 1892, and, to show how important France considers its foreign service, attention is called to the fact that over thirty decrees have been issued since 1880 tending to perfect the system.

The pupil consuls are appointed by the minister of foreign affairs. They can only be drawn from the body of attachés on probation who have passed a competitive examination for admission into the service and who have served not less than one year in the home office.

Before being assigned to a diplomatic or consular post they are required to spend at least one year at one of the principal chambers of commerce, where they are to acquire a thorough knowledge of the methods and needs of commerce, and whence they must send the minister periodical reports on the trade of the district. After three years of service, half of which time must be rendered abroad, the pupil consul becomes eligible for vice-consul, and after a service of three years in each subsequent grade he becomes eligible for promotion to a higher one.

Candidates for admission in the French diplomatic and consular service must be under 27 years of age, and must have taken a collegiate degree in law, science, or letters, or must have passed certain other examinations, or be the holders of commissions in the army or navy.

The examination for entrance into the service is either written or oral, as may be required.

The written test consists of a composition on public and private international law, and a translation into French from English and German, which is dictated. Those candidates who aspire to the diplomatic career are to write also a composition on a subject of diplomatic history that occurred since 1648; those destined for the consular service must write a composition on a subject of political economy or of political and commercial geography.

Those whose papers are sufficiently creditable in the opinion of the examiners to warrant their going any further are then subjected to a public oral examination on public and private international law, political and commercial geography, political economy, and a conversation in English and German. Candidates for the diplomatic career are further examined orally in diplomatic history since 1648, and candidates for the consular service are examined on maritime and customs laws.

The French foreign service is under very strict discipline, and for misconduct or inefficiency there are the following penalties:

(1) Reprimand.

(2) Withholding a part of the salary, not exceeding one-half thereof and not for a longer period than two months.

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