CHAPTER II.

THE CONSULAR SERVICE.

THE Consular service is entirely different and distinct from the diplomatic service. The envoy extraordinary and minister plenipotentiary is an agent of the government to conduct its business with another government. A consul is the representative of the people to look after the commercial interests of his country, and their business is with local officials, and exporters and importers. They have no diplomatic powers or privileges, and are stationed at commercial centers for the purpose of facilitating trade and preventing fraud upon the revenues of their country.

The consular service is the direct and necessary result of commerce, and in early times consuls were selected by mercantile associations and not by governments. They were formerly judges or arbitrators in the settlement of differences between merchants, and were known as judge-consuls, or consul-judges, taking their title from that of the municipal magistrates of the Roman Empire. This practice was continued for centuries. It is said that the first appointment of a consul by the government of England was at the request of a British commercial organization in an Italian city which could not agree in the selection of one of their own number, and the experiment was so successful that the government assumed the responsibility in other cases, and the practice became general among all governments. By the natural

evolution of affairs the powers and duties of consuls became changed and enlarged, and the organizations of courts, and the adoption of codes of international law deprived them of their judicial duties.

The consular service of the United States was established by law in 1792, but before that date Washington had appointed seventeen consuls and five vice consuls. Under this law the secretary of state had the right of appointment, and no salaries were paid. The consuls got their compensation in the form of fees received for the services they performed, and were usually merchants or shipping agents at foreign ports. In 1816 an attempt was made to reorganize the system and establish a salaried corps, and it was repeated at subsequent sessions of Congress, but the present service was not established until 1856, when the President was empowered to make the appointments, subject to the approval of the Senate, and the consulates were graded according to their importance. The present establishment is awkward, and in many respects defective, and it is universally agreed by all who are familiar with the subject that its efficiency could be vastly increased by reorganization. At every session of Congress bills are reported for this purpose, but political influences and differences of opinion as to the best methods to be adopted have prevented the passage of a new law.

Under the laws of the United States no especial training or qualifications are required for the consular service, and appointments are made by the President for political and personal as well as for commercial reasons. Nor is there any specific term of office, the commission being revoked at the will of the President. But consuls are not expected to tender their resignations with a change of administration as diplomatic officers do. They continue to perform their duties until their resignations are tendered voluntarily or at the request

of the Department of State. There have been several attempts in Congress to make the corps permanent and provide for appointments and promotions on the basis of special qualifications and efficiency, but political considerations have prevented, and the offices are still deemed proper rewards for political services. That the usefulness of the service is impaired by frequent changes and the appointment of inefficient and inexperienced men, there is no doubt; because it requires from six months to a year for a consul to become familiar with his duties, and his ignorance of the language of the country in which he is stationed detracts greatly from his efficiency. To secure an appointment in the British consular corps a person must undertake a course of study and then submit to an examination. He must be able to read and write and speak fluently the language of the country to which he is sent; he must be familiar with commercial usages, have a thorough knowledge of commercial law, and be versed in statistics. Before he starts for his post he must serve at least three months in the consular bureau of the Foreign Office, and is usually required to serve as vice consul for a year or more before he is given a permanent place. In fact the greater portion of the British corps have commenced their career as consular clerks.

The French system is even more severe in its requirements. In France young men are educated especially for the consular service and must obtain a diploma from the national schools. The first appointment is made to the lowest grade, after an examination in international and commercial law, political economy, geography, statistics, tariff regulations, and the modern languages. Three years' experience in one grade is required before a consul can be promoted to the next, and a new examination is necessary each time.

Similar requirements govern appointments and promotions

in the German, Belgian, Austrian, Italian, and other European consular corps.

There are, however, a number of consuls in the service of the United States who have been retained for years, and promoted from time to time, because of their especial fitness and efficiency. The oldest officer holds a commission dated in 1848, and there are several who have served continuously for sixteen, eighteen, and twenty years.

Under the present law the service is classified into several grades: (1) consuls general; (2) consuls; (3) vice consuls; (4) deputy consuls; (5) commercial agents; (6) consular clerks. These are subdivided into three classes: (a) consuls who receive fixed salaries, are required to give their entire time to their duties, and are not permitted to engage in private business; (b) those who receive fixed salaries, but are allowed to engage in private business; (c) those who receive compensation from fees collected for official services performed and are allowed to engage in private business. All those included in classes a and b must be confirmed by the Senate.

A consul general is usually stationed at the chief commercial city of the country in which he resides, and has supervision over all the consuls in that country, but there may be two or more consuls general in the same country, each with his own district and jurisdiction. He may appoint his own vice consul and deputy consul and the consular agents in his district, subject to the approval of the secretary of state. The vice consul receives no salary and is not required to perform any duties except in the absence of his chief, but is generally a clerk in the office of the consul, and takes his place and receives his compensation during his absence. A deputy consul is a permanent official who receives a fixed compensation from the fees collected in the office, and assists the consul in the performance of his duties.

A commercial agent differs from a consul only in rank and grade, and is entitled to the same rights and privileges; he is appointed by the President without submitting the nomination to the Senate.

Consular agents, however, are only the representatives of the consul of the district in which they serve, and derive their powers from him and not directly from the government, although their duties are the same. They are not authorized to correspond with the Department of State, but make their reports to and receive their instructions from the consul.

There are two classes of consular clerks. There are thirteen clerks in the service who are appointed by the secretary of state, and hold commissions from him during good behavior, with salaries of $1,000 and $1,200 a year. It was designed by Congress when the law authorizing their appointment was passed, to make the corps of consular clerks a training school for the education of consuls, but the intention has not been carried out. The other class are temporary clerks, appointed by the consuls, with the approval of the secretary of state, and paid from the fees collected in the office.

The consuls of the United States may be described as trade sentinels stationed at the chief cities of the world, to keep their commander, the secretary of state, promptly and fully informed of all matters and events of commercial interest, to prevent frauds upon the revenues by certifying to the correctness of the invoices of goods exported to this country, and to notify the government at Washington of any attempt at smuggling which they may suspect or detect. They are charged in a general way to protect the interests of their fellow-citizens who may be residing in the district over which they have jurisdiction; to inform the government of the violation of treaties; to give advice and assistance to merchants and shipmasters that may visit their ports; to prevent the emigration