Part 3

In pursuance of this order the Secretary of State added a list of the subjects to which the examination should relate, namely—

(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:

(a) Correspondence with the State Department and the form thereof. (b) Passports, granting and visaing. (c) United States merchant vessels in a foreign port, and their crews, whether seeking discharge, deserting or destitute. (d) Wrecks within jurisdiction. (e) Wrongs to United States citizens within jurisdiction. (f) Invoices. (g) Official fees and accounts.

(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.

(12) Such other subject or subjects as the Board may deem important and appropriate in any particular case.

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 of a candidate merely upon the merits of a civil service examination would make but small improvement. It would tinker the old machine instead of replacing it with a new one. Such a process may determine upon a candidate’s preparation—if an examination may be said to determine anything—but it can not reach his personality—what he is,—nor can it reveal his capacity for work—what he can do.

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 you find what was needed, what you should study and where to look for it? The government provides no means whatever of preparing men for foreign service. They simply get into it somehow—always, of course, through political influence—and then learn it necessarily at government expense. Just about the time they have mastered the language and are prepared to do their best work, along comes a change of administration and turns them out of office, and then the government begins again the expensive task of training a new set of men. This is not a hypothetical case. It is the rule rather than the exception.

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 urged, and we occasionally hear a timid plea for a national school at Washington for the training of consuls and diplomats, but it is gratifying to notice the declaration in favor of the latter by such an eminent body of educators as those university presidents constituting the committee chosen by the National Educational Association to consider this very subject.

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.

But the school cannot do it all, and its work must be supplemented by experience—say a year or more of residence for successful candidates at a foreign consulate or legation. And whenever a new man is appointed it should evidently be to one of the lower positions, leaving the higher ones to be filled by promotion.

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[2] is before the present House of Representatives which provides that “appointments shall be made to grades and not to specific places”. “A consul’s station”, says one authority[3] commenting upon the bill, “should depend on the exigencies of the service, and should not necessarily be permanent. Good consuls may thus be obtained for undesirable places, a thing which is now well nigh impossible”. “It provides also”, says the same authority, that “removals shall not be made by caprice or for other than specified cause. To put a check upon appointments only or removals only is to leave at either end a loophole for evasion of the spirit of the reform. By crowding one man in, another may be crowded out”.

Footnote 2:

H. R. 1026, 56th Congress. A Bill to increase the efficiency of the foreign service of the U. S. and to provide for the reorganization of the consular service, by Mr. Adams of Pennsylvania.

Footnote 3:

See article by Mr. Gaillard Hunt, Independent, Oct. 26, ’99.

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 positions allows a shifting of men from one post to another whenever it is desirable, and it does so without sacrificing valuable experience. For it is true that a long residence at one consulate may so familiarize a man with his surroundings, especially if he finds himself in a lucrative business, that he becomes in some degree alienated from his own country without being aware of it. He may lose track of events at home or else become accustomed to viewing them from a foreign standpoint, so that as a result he falls into an apologetic tone toward those who criticize or a critical attitude toward the home government. He is then in a fit condition to be sent home. It has been suggested as a preventative to this that consuls be recalled from time to time to give lectures throughout the country, or instruction in a school for the consular service. Otherwise the same result will be accomplished so far as the consul is concerned, by shifting him to another position along with some salutary advice as to what his business is. This provision also puts the service more on a footing with the Army and Navy, which in many respects would be a decided gain.

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 consisting of two Senators, three Representatives and one officer of the State Department. It is intended that this committee shall have a pretty free hand in the inauguration of desirable changes, and the President is given large discretion as to the manner of putting such changes into execution.

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 can show. It must have some assurance of your powers of observation, your business acumen, your vigilance and alertness, and especially your dignity and integrity of character, so that you may well represent your country’s interests among foreigners, and defend the international rights of your fellow citizens.

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[4], has become a subject of careful study by European nations. The same writer quotes from _La Revue Diplomatique_ as follows:

“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 from journalists, who carry into their official career the trained instinct of observation, the quick grasp of passing events which belong to their former profession.

“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”.

Footnote 4:

Francis B. Loomis, North American Review, Sept., 1899.

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 salary having begun on the date of his taking the oath of office. Having arrived at his post he notifies the American legation of that fact and receives his exequatur. Then he applies to the person in charge of the consulate for the government archives, the seal and all other government property. In company with his predecessor or the one in charge of the office, he makes an inventory of all the effects, and transmits a copy of it to the State Department.

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 always hoisted when required for protection.

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 which receives him”. The extent of his authority is derived from his commission and his exequatur, and the extent of his privileges is defined for the most part by treaties between his own government and the one where he is stationed. Among these we will notice the following:

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 place of refuge for fugitives from the law. If it is known that they are so used it is doubtful if there are many countries where this would hold.

_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 do not look upon this arrangement with more favor than we should, hence it is a good practice to abandon.

_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 in the political concerns of the country. In their (public) dispatches upon such subjects, they will confine themselves to the communication of important or interesting public events as they occur, avoiding all unnecessary reflections upon the character or conduct of individuals or governments, and they will not give publicity, through the press or otherwise, to opinions injurious to the public institutions of the country or the persons concerned in their administration”.

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”.

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 consulate. It is a still better rule to avoid public speeches when it can be done without exciting feeling”.

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 to wear any distinguishing uniform. The Regulations are indulgent enough to allow them to wear an Army uniform if they happen to have been in the Army of the United States during the Rebellion.

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 reforms in the consular service besides those you have mentioned”?

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.