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cial interests in Germany, anxious to protect themselves against competition, had secured very naturally some rather severe discriminations against American products, and the American manufacturers affected by these discriminations laid upon the ambassador the heavy duty of conducting negotiations with the German foreign office and members of the imperial cabinet, with a view to securing modifications in the German tariff. Americans in distress, real or imaginary, were always appealing to him. American statesmen, out of natural curiosity and with a view to the social advantages to be derived for themselves and their families, were constantly seeking introductions to high officials. Scholars desiring access to documents and special information of many kinds expected the minister to pronounce the “open sesame "; and American manufacturers and merchants looked to him to discover for them easy methods of approach to German commercial men. The minister's duties went even farther. Any American who wanted his genealogy looked up in Germany felt free to call upon him for assistance; and that large class of persons who were constantly expecting to inherit fortunes abroad likewise relied upon their minister to keep track of their interests.

Long practice seems to have established certain rules for the general guidance of diplomatists. A public minister ought not to act as the agent for the collection of private claims; and he is under no obligation to prosecute investigations for private persons. It is also the duty of diplomatic representatives of the United States scrupulously to abstain from interfering in the political controversies of the countries to which they are accredited. It is not deemed advisable for ambassadors to make public addresses, except on festal occasions, and even then they should be extremely cautious in referring to politics in any form. This principle was asserted by the House of Representatives, in 1896, in a resolution censuring Mr. Bayard, then ambassador to Great Britain, for a speech made in Edinburgh in which he criticised the protective tariff in the United States rather severely.

In addition to the regular diplomatic agents, the United States has often employed special missions for the purpose of conducting negotiations with foreign countries. Such missions are commonly

" See the Rules of the Department of State.
• Moore, International Law Digest, Vol. IV, pp. 565 ff.
Foster, The Practice of Diplomacy, chap. x.

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used to manage peace negotiations - the most recent example being the commission sent to Paris in 1898 to conclude with the representatives of Spain the details of the treaty which closed the Spanish-American War. Another noteworthy mission was that intrusted by President Fillmore to Commodore Perry, in 1852, authorizing him, as a special plenipotentiary, to open relations with the Emperor of Japan. The results of this mission are too well known to need recounting here."

II. The United States is also represented abroad by consuls, who are primarily our commercial agents and perform a large number of routine duties. Consuls of all grades, like ambassadors, are appointed by the President with the approval of the Senate.

Our consuls are divided into three groups: (1) consuls-generalat-large - travelling representatives who inspect the consulates of the United States throughout the world; (2) consuls-general, who supervise the entire consular systems of particular countries; and (3) consuls, 6 stationed at innumerable points in every civilized country of the globe. To these three groups may be added vice-consuls and consular agents who act as representatives within any particular consular district under the direction of the regular consul.

Inasmuch as the consular service is of special importance to the commercial and industrial interests of the country, there has been growing up within recent years a demand for higher standards

* Every American diplomatic representative abroad has a staff of assistants, varying in number according to the quantity of business of the country to which he is accredited. The first secretary of an embassy or legation should be a man of long diplomatic experience, well acquainted with the officials and the customs of the country in which he resides. Owing to his special qualifications, he assumes, as chargé d'affaires ad interim, all of the duties of a minister in case of the absence of that official. He enjoys also the privileges and immunities of a diplomatic representative in international law. There is a tendency to attach more importance to the office of secretary to legations, and to make that branch of the public service more attractive. There are usually two or three additional secretaries and a number of clerks and interpreters. ? Moore, International Law Digest, Vol. V, chap. xvi.

Except vice-consuls and consular agents whose appointments are not ratified by the Senate, United States v. Eaton, 169 U. S. R., 331.

* In some countries more than one consul-general is appointed. o Consuls in exterritorial countries have a peculiar position. Below, p. 325.



of efficiency in that branch of public service. As long as the consular offices were regarded as the legitimate spoils of the politician, little attention was paid to real qualifications, and the service was constantly disturbed by rapid changes in the personnel. It is clear that long experience is a most important qualification for a consul. He should be a thorough master of the language of the country in which he is stationed, and a careful student of the markets, the conditions of the export and import trade, and the opportunities for commerce in that country. Finally, inasmuch as his varied and complicated duties must be conducted under an elaborate code of laws, he needs some legal training. It is evident, therefore, that service to a political organization in some inland town or congressional district does not qualify a man to act as the consular representative of the United States.

On his appointment as Secretary of State, Mr. Root took immediate steps toward the reorganization of the American consular system,' and, largely on his initiative, Congress passed, in 1906, a law entitled "An Act to provide for the Reorganization of the Consular Service of the United States." This law classified and graded the consuls in such a way as to enable the President to extend the merit system to that branch of the public service. Under this Act, the President adopted a method by which important vacancies are to be filled either by promotions of men whose ability has been tested in the service, or by the appointment of candidates who have passed oral and written examinations showing their fitness for the work.?

The specific powers and duties of consular officers : are found in the “Consular Regulations of the United States.” First and foremost, the consular officer is a commercial representative. He must certify the invoices of goods intended for exportation to the United States; and to do this correctly he must have a wide knowledge of the character and value of the goods produced for export within his particular district. He must, furthermore, be a master of every detail of our tariff system in order that he may coöperate with our customs officials at home in securing a correct valuation





Reinsch, Readings, p. 658. * Ibid., pp. 671 and 674.

Foster, The Practice of Diplomacy, pp. 222 ff.; Moore, International Law Digest, Vol. V, pp. 93 ff.

of all goods and in preventing smuggling and violations of the customs law.

An equally important commercial responsibility placed upon the consul is that of aiding in the extension and increase of American trade abroad. It is his duty "to make a deep and special study of the industrial and mercantile conditions existing in his district. He must know what the country needs or would take in raw materials, in commodities, and in manufactured articles. He should learn how these needs are being supplied with particular attention to those of them which the American producer farmer, miner, manufacturer, or merchant — might supply. He should investigate and report as to whether the American import could not, by a change in form or by variation in manufacture, by a different method in packing, by a more convenient accommodation in payment, or in any other way be brought into greater demand, and American trade be thus increased. . . Also in some countries government contracts are an important item in the competition for import orders. Therefore, it may be wise for us, as some European governments have done, to appoint commercial attachés to some of our legations and embassies.” 1

In connection with our shipping and seamen the consul has many duties. When an American vessel touches at a foreign port, the master must deposit his register with the consul of the United States, and before clearing he must secure the return of his papers. The consul has some jurisdiction over disputes between the masters, officers, and men of American vessels; he may discharge seamen from their contracts; it is his duty to hear the complaints of American seamen in foreign ports and also to give relief to the seamen of an American vessel when in distress. The consul is expected to make innumerable reports to the State Department in Washington, which are edited and transmitted to the Department of Commerce and Labor for publication.

The functions of the consul are not yet exhausted. He is called upon to intervene with local authorities in behalf of his countrymen whenever they get into trouble in his district. He administers oaths, takes depositions, authenticates public documents, acknowledges deeds and other instruments, acts as a witness to

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marriages which occur in the consulate, administers, under certain circumstances, the estates of citizens of the United States dying abroad. Consuls whose salaries are below $1000 a year may undertake the transaction of private business not conflicting with other consular duties, though in such cases they act as private persons and not as official representatives. In some states, notably China, Siam, Persia, Korea, and Turkey, our consuls exercise, to a greater or less extent, jurisdiction over American citizens within their respective districts.

The Treaty-making Power The Constitution of the United States provides that the President, by and with the advice and consent of the Senate, two-thirds of the Senators present concurring, may make treaties; and that treaties so made under the authority of the United States shall stand with the Constitution and the acts of Congress as the supreme law of the land. No express limitations whatever are placed on this treaty-making power; and the question has been raised whether the federal government may make treaties with foreign countries relating to other than purely federal matters.

Jefferson laid down four rules with regard to the treaty-making power. He said: (1) it must concern foreign nations; (2) it was intended to comprehend only those subjects which are usually regulated by treaty and cannot be otherwise regulated; (3) the rights reserved to the states must be excluded from the scope of the treaty-making power, for the President and Senate ought not to be allowed to do, by way of treaty, what the whole federal government was forbidden to do in any way; and finally (4) the President and Senate should not negotiate treaties on subjects of legislation in which participation is given by the Constitution to the House of Representatives. The application of the principles laid down by Jefferson would, of course, greatly restrict the

? This custom of giving consuls jurisdiction over American citizens originated in the great differences which existed between the law and procedure of many non-European countries and that of the United States — a difference which made the citizens of the United States unwilling to submit to the jurisdiction of native tribunals. Such jurisdiction was once possessed by our consuls in Japan, but the law of that country took on more and more the form of the Western law, and our consular jurisdiction was abolished in 1899.

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