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BRITISH CONSULAR ESTABLISHMENTS 1871 255
in case of her loss or sale, etc, and forward them to England.
To give personal assistance, protection, and advice, in all cases of British vessels wrecked within the district ; and frequently to take charge of the effects saved, sell them for the benefit of all concerned, and remit the proceeds.
In regard to all masters and seamen of British merchantvessels my duties, in the words of the Board of Trade Instructions, « are very onerous and important ». [ am bound to aid the master and officers in maintaining discipline on board ; to decide summarily all disputes arising among the members of the crew, or between the crew, on the one hand, and the masters or officers on the other. In fact, the Consul acts as a sort of special providence on behalf of shipowners, shipmasters, and crews ; interposing to save them from the effects of their own negligence, rashness, quarrels, and misfortunes. If a seaman is sick, I send him to hospital ; if he dies I bury him ; if he recovers I send him back to his ship or to his native country. If he is shipwrecked I take charge of him, feed, cloths, and pay his travelling expenses. I am bound to interfere at every turn to protect him-against himself : his shipmatss, his officers, his capitain ; against scurvy, short or spoiled provisions, unseaworthy ship’s and crimps ; and to listen to his complaints and devise, if possible, remedies for them ; nor are foreigners serving in British ships, nor even deserters, debarred from a claim to these services from me. I am, bound moreover, to sanction all engagements and discharges of seamen in British ships ; to report their desertions or deaths ; and in the latter case, take
charge of their effects, sell them, and remit the proceeds ; to indorse all these changes, in much detail, upon the ship’s articles, of wich I have the custody while the ship is in port. | am bound, morcover, to keep a voluminous register of all particulars in regard to the shipment, discharge, desertion, relief, or death of seamen, British or foreign serving in British ships, and to forward a copy of such register to England by every mail ; and to substantiate my receipts, payments and dealings gencrally with a seaman's wages, effects, and relief, by a series of a dozen or more elaborate forms. In extreme cases I am bound to summon Naval Courts for the purpose of inquiring into casualties, of imvestigating crimes committed on the high seas, and in cases which cannot be dealt with summarrily, of committing persons for trial.
At these Courts [| am generally President of the Court, Counsel for the prosecution and the defence, Judge of the law, and, in a great measure, Jury as to the facts ; and enürely Reporter ; and this without any precedents to follow, or any rules of procedure to guide me. I may add that I have known a Naval Court more than once to sit at the Consulate for five or six days; from 10 A. M. to 4 P. M, to the interruption of all current business ; the proceedings requiring the undivided attention of the Vice-Consul and of myself.
Besides the above functions, which come mainly under one or other of the sets of instructions, it is among the duties which are imposed by law, custom or courtesy upon Her Majesty’s Consuls, to answer all questions put to them orally or in writing, and to give advice upon every conceivable subject which British residents, visitors, or
BRITISH CONSULAR ESTABLISHMENTS 1871 Dal
mariners, may submit {o them ; to answer, prepaid, a host of letters, which are for the most part, insufficiently prepaid ; to forward (and in many cases pre-pay) letters lying at the Poste Restante ; and to subscribe to a variety of local charities,
The duties I have above enumerated are those which I am actually, not constructively, called upon to perform ; and I am far from having exhausted the list even of these. In fact, I believe it may be safely affirmed that no Consul can say of any particular act that he may not be called upon to perform it at some time or another ; and it may with equal truth be asserted that no other public servant in any Department is responsible for the due executon of such a vast variety of heterogencous and ill defined duties.
Some adequate idea of these might, perhaps, be conveyed if I could append to this Report a photograph of the Consulate office as I have often seen it, filled to overflowing at one and the same time with half-a-dozen shipmasters desiring to report arrival, or note protest ; with a shipwrecked crew waiting to have their claims to clothing investigated, Lo be provided for, and be sent home; with six or eight Portugese police officers in charge of double the number of police cases from the Channel Squadron ; with a shipmaster ready for sea, clamoring for copies of his protect and surveys ; with travellers waiting for passports ; and residents begging for attestations of powers of attorney to be sent off by the day’s post ; and all this to be attended to by three persons, who comprise the whole of the Consular Staff, and who would generally
Stovwell, 17
have quite enough to occupy them during office hours in the clerical work alone.
N° 3. — GREECE (Piraeus). — I, p. 210.
English travellers likewise freely avail themselves of the Consul’s advice and assistance, and have, apparently, a high opinion of Consular abilities, as he is expected to settle disputed accounts with hotel-keepers, etc., and to hit to a nicety the exact price which should be charged by mu-
loteers, hackney-coach drivers and, others.
N° 4. — ITALY (Rome). — I, p. 259.
.… It may be particularly mentioned that, owing to the present state of self-seclusion at the Vatican, strangers cannot be admitted except through their Consul. I receive from the Vatican twenty-four tickets each week for admission to the museums, and occasionally, also, some for the galleries and loggias of Raphael. In general, the Consul is considered as the proper quartier for application in all cases where Brilish subjects require official protection and assistance, and whenever they are in want of being instructed as to the antiquities and the arts, local laws and
customs.
N° 5. — FRANCE (Marseille). — I. p. 304.
ns Our travellers af both sexes occasionally lose their luggage whilst travelling by packet or railroad. À missing lady’s bag containing a few trifles, an interesting notebook or a scent-bottle, carelessly left in some railway carriage, or stolen on the way, will cause the Consul an
BRITISH CONSULAR ESTABLISHMENTS 1871 259
infinite amount of correspondence in the attempt to recover the same.
N° 6. — NORWAY (Christiania). — IL, p. 248.
In 1858 British travellers and tourists did not number 000 ; they now reach about 2.000. Many of these look upon the Consul as a sort of gentleman Commissioner, or local Encyclopoedia, paid by Government for the use of all Brish subjects, who Loo oflen monopolize his lime, and 0gcasionally put him to ro small expense.
N° 7. — GERMANY (Hamburg). — I, p. 185.
……. There appears to be no objection to the use of stamps for the collection of fees ; but should that system be adopted it would be well to permit Consular officers to use their discretion in giving them free of charge, as signa- ‘tures are at present sometimes given Lo persons unable to pay the fee, a separate account being given of such stamps at the end of the year or quarter.
N° 8. — ITALY (Turin). — I, p. 283.
The faculty accorded to French Consular officers of making a reduction in certain of the higher fees of one-half, in the case of persons too poor to pay the whole fee, but not entitled to entire exemption might, perhaps, be adopted to advantage.
N° 9 UNITED STATES (New-York). — IV, p. 51.
Î receive, on an average, a letter of introduction, or of recommendation for every day of the year ; while not a day passes that I have not several personal applications
for influence in procuring situations or employment, which the applicants appear to think I can command at will. In the eddies of New-York British subjects turn up from all parts of the world-aventurers for employment, or, at least, subsistence ; musicians, artists, surgeons ; ladies bent on setting up boarding schools or boarding houses ; engineers, mechanics : youths seeking situations as <lerks ; servants in search of employment, elc., etc- Of these, not a few soon come to grief, and naturally fall back upon the Consul. As a matter of course he is expected to be banker to parties astray and waiting for their « expected remittances ». If he complies with their requests (and in many instances he cannot avoid il), he suffers accordingly. I am also, by many persons at home, who must fancy the Consul’s office to be a sinecure, made an involuntary trustee of wayward youths and broken down members of families, whose cares and difficullies are a source of no little anxiety as well as of troublesome correspondence.
Again, owing to a wide-spread delusion that the special function of the British Consul is to afford pscuniary relief and assistance Lo his countrymen, and that he has an tlhimitable fund at his command for the purpose, good people who listen to the complaints of British subjects, or persons of British extraction, have ro hesitotion in charitably urging such cases upon the attention of the Consul. These references, which are incessant, also involve, not only time and trouble, but inevitable pecuniary contributions.
At the tume I took charge of this Consulate, and for so-
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BRITISH CONSULAR ESTABLISHMENTS 1871 261
m2 time afterwards, the annual expenditure, on the public account, for the relief of distressed British subjects, exceeded the sum of 200 1. The Government having wisely determined to check an expenditure which would otherwise extend illimitably, and grow into an abuse, I have rigidly carried out their instructions, and grant relief, on this score only in a very few and exceptional cases, the amount now expended being not more than 30 I. a-year, Î need hardly say, however, that the necessary result has been an unavoidable expenditure on my own part to a larger amount than I can afford.
[I would occupy too large a space to describe in detail the multifarious duties not represented in the fee list which I am called upon to perform, and which subject me to constant interruption and absorb a large portion of my time. Day after day have I been driven off from the discharge of pressing and important official duties by the pressure of these interruptions. I have been besieged im the evening at my own house ; waylaid on my way to and from my office, and have found it practically impossible to escape these irregular burthens. During the present year, among special matters, [ have disposed of two extradition cases ; one of them lengthy and important in
its legal bearings.
N° 10. — ITALY (Turin). — I, p. 284.
British Consular officers are sometimes placed in a difficult position with regard to the relief of distressed British subjects, not seamen, who may be handed over to them by the local police to be forwarded to England, a course not always in accordance with their instructions.
An understanding come to on this subject with foreign Governments for the transmission of paupers to their settlement at reduced rates, through the police, under the superintendence of the Consuls, might effect a great improvement in this matter, and tend lo diminish the number of applicants for relief.
N° 11. — PERU (Arica). — IV p. 172.
tte T have been compelled to take immediate political action, and have often been called upon to mediate between contending parties. It has been my good fortune on many occasions to prevent useless effusion of blood. Under such circumstances, too frequent in Peru, the duties of the Consulate are very onerous and harassing, besides entailling very heavy expenses, for as one side or the other prevails, the defeated seek an asylum in the Consulate, the refusal of which humanity forbids ; and it is often days before T can so arrange matters as to release myself from this heavy expenditure.
N° 12. — FRANCE (Réunion). — I, p. 159.
The coolies avail themselves of this privilege to the fullest extent, when impediments are not placed in their way by the local authorities.
AIL their griefs, social and other, their complaints against their employers or the local officials, claims of every description, even diseases, are all submitted to the Consul, who is expected to enter into the matter, and obtain redress for the applicant, or suggest a remedy.
To give some idea of the extent of this business, 1 may mention that, in the last three years, 1,600 different ap-
BRITISH CONSULAR ESTABLISHMENTS 1871 263
plications have been transmitted from this Consulate to the local Government, many of them leading to protracted and disagrecable correspondence besides.
IL is no easy matter to sift contradictory evidence, for the evidence always is contradictory, and what the Coolie swears to roundly, the Creole as confidently denies.
Hence the Consul is placed, more or less, in the posion of an arbitrator between the coolie, his employer, and the local Government, and, to a certain extent, in a position of antagonism to the two latter. It is, unfortunately, beyond doubt that the coolies have but too much reason to be dissatisfied with the treatment they experience, and let the Consul show ever so much energy and good-will to defend them, his efforts are in too many cases unavailing.
So long, however, as the Convention lasts it will be necessary to maintain a Consul at Reunion, unless Her Majesty’s Government are prepared to submit to the coolies being reduced to a condition tantamount to slavery.
N° 13. — ITALY (Cagliari). — I, p. 230.
Giving advice and protection to British Mining Companies and their employes from the attack of banditti and other lawless characters hovering about in the vicinity of their mines. « For example, during the spring of the year, the Secretary of the Monte Albi Mine (in this island) had his horse shot under him, and narrowly escaped with his life. The obtaining of an escort and also a permanent guard of Carbineers through the Local Authorities being impossible, application had to be made to the British Minister at Florence. These local matters always give much
work in the Consulate, as all measures have to be tried with the authorities of the place prior to soliciting the assistance of Her Majesty’s Minister,
N° 14 — BRAZIL (Ceara). — IV, p. 123.
The position of the Vice-Consul is very inferior to that of his colleagues for France, Portugal, Spain, Switzerland and Italy. These powers have special Consular treaties with Brazil, by which the Consul is delegated to administrate and liquidate the affairs of all deceased subjects of their respective Powers. This affords, not only a source of remuneration to the Consulate, but also a great amount of protection to the interests involved, as, in all cases where there is no Consular Treaty, the liquidation takes place under native Authorities, at a cost of about 30 per cent, with a delay equivalent to a loss of near 10 per cent, more. Were there any such Treaty between Great Britain and Brazil, the Consular position would be much improved, and the British interests involved much better protected.
N° 15. — ITALY (Venice). — I, p. 288.
The duties Ï am called upon to fulfil, besides those indicated by the foregoing statement of business, are to solemnize and register marriages, lo register births and deaths of British subjects, to assist at and direct the interment when no relative is present, and, in company with the officer deputed by the Tribunal, to make an inventory of the personal property and effects of the deceased, which are confided to his custody by the Tribunal till released,
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after the payment of all local debts, to be then delivered to the executors or rightful heirs ; and generally to support British interests by every means in my power ; to aid, by my counsel and support with the local authorities, British subjects who may have need of my protection, to watch over the political and commercial interests of my country, and inform the Government of all circumstances
which may affect the welfare of either.
N° 16. — ITALY (Leghorn). — L . 252.
LR Carrying on lawsuits on behalf of shipmasters and others, who cannot conveniently do so in person, etc.
No MMRITALYI TUE) TS p: 284.
That portion of paragraph 18, certificates, which refers to the attestation of affidavits by Consular officers might, perhaps, be modified to advantage. As the clause at present stands, it might almost be considered that, if a Consular officer affix his signature to an affidavit detrimental to the character of another, he supports the charge, and excuses may arise, even when no suit is pending before a Court of Justice, in which an affidavit of this nature could not fairly be refused reception. To avoid any inconvenience, might not the attestation clause state that the affidavit has been drawn up on the responsibility of the juror for future legal uses, and that the Consular officer has attested the same, solely as a declaration made before him and in entire ignorance of the merits of the case,
N° 18. — ITALY (Naples). — I, p. 256.
…. Amongst these may be mentioned translations of documents from Italian into English, or certifying the correctness of translations already made ; and it is usually found that the shortest way is to have the document translated in the office at once, as correcting and putting in order a bad translation takes more time. For this no fee is chargeable beyond 5 s. for seal and signature to the certificats, attesting the correctness of the translalion.
N° 19. — ITALY (Turin). — I, p. 283.
The right of taking depositions, of preparing wills of subjects of their country, and of performing all other notarial acts ; of receiving, in conformilty with the laws and regulations of their country, all contracts between subjects of the same and subjects or other inhabitants of the country in which they reside, and even all contracts between the latter only, provided they relate to property situate, or business to be transacted in the territory of the nation to which the Consular officers belong: Copies of all such Acts to be received as legal documents : the right of translaling and attesting all documents proceeding from the authorities im their own country which shall have (he same legal effect as if translated by the sworn interprelers of {he country of their residence.
N° 20. — FRANCE (Saigon). — I, p. 162.
10. The duties I am called upon to perform are multifarious and exceedingly onerous. All the work of a Di-
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BRITISH CONSULAR ESTABLISHMENTS 187! 967
plomatic and Polilical Agent devolves upon me. At every levee of the Governors’s, and at every political demonstration I am expected to attend. I have to accompany the British naval officers and Political Agents visiting the Governor and other officials, and act as interpreter at their interviews. I have to receive British Government and naval officers visiting the port, besides French and foreign diplomatic agents stationed here, which, during the three years [ have had the honour of holding the appointment has entailed upon me considerable expense.
N° 21. — SPAÏN (Puerto-Rico). — II, p. 215.
The duties of the Consulate of Puerto Rico are of a political as well as a commercial character ; the Consul is under the control of no Minister, and has nine Vice-Consuls under his jurisdiction. He acts solely upon his own responsability, and corresponds direcily with Her Majesty's Secretary of State, His political duties are of à delicate nature, as they relate to questions upon which the Spanish Government is particularly susceptible, namely, those relating to Slave Trade, Slavery, the Coolie Trade and Emancipation ; and upon the no less delicate subject of nationalily respecting persons complaining of being kidnapped from British Colonies and held in slavery, or those who are accused of complicity in the Cuban Insurrection. In addition to these the Consul has latterly
been engaged in negotiating Postal contracts.
N° 22, — ITALY (Ancona). — I, p. 220.
6. This Consulate is both political and commercial, all matters concerning political movements being duly repor-
ted to the Legalion, or, if considered of sufficient importance to the Foreign Office, with a duplicate +0 the Legation. Ancona being a strongly fortified position, and the chief city of the province, the political movements ot the last few years made it rather important.
N° 23. — U. S. (Charleston). — IV, p. 2.
6. The Consulate at Baltimore, with juridiction over six Slates, as before mentioned, is a commercial one, though, as at other Consulates in the United States, it is the duty of the Consul to keep Her Majesty’s Minister at Washington informed as to the events of a political importance occurring within the district.
N° 24. — ITALY (Turin). — 1, p. 283.
16. Article XIIT of the Treaty of Commerce and Nawvigation, coneluded between Great Britain and Italy on the 6th. of August, 1863, containing the most-favored-nation clause, British Consuls are placed on a footing of perfect equality with the Consular officers of other nations with which special Consular Conventions have been concluded. The only limit to their exercise of the jurisdiction granted to their colleagues in pursuance of special Treaty stipulations would be met with in the laws of Great Britain, and not from any act or opposition on the part of the local] authorities:
N° 25. — ITALY (Naples). — I, p. 265.
This Consulate-General ‘ called upon to perform many duties in connection with shipping and otherwise, for
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BRITISH CONSULAR ESTABLISHMENTS 1871 269
which no special fee is chargeable, but which may, perhaps, be considered as belonging to the ordinary duties of the office ; for inétance, attendance out of Consular office, as occurred within the last few days, when a gentleman belonging & this Consulate-General had to be present on two consecutive days on board a British vessel in the harbour, as well to interpret for as to watch the interests of the master during an inquiry by the Italian authorities relative to the death of a seaman, who had been accidentally drowned. On the same occasion the depositions of the crew of the vessel and some other English seamen had to be laken at this office, also without charge. There are also frequent occasions when the intervention and interpretaüug of the Consulate-General is required on behalf of masters of British vessels and of numerous travellers, both with the Customs and Police authorities, relative to alleged in fractions of the Customs Regulations, robberies, and difficulties of various kinds…
N° 26. — ITALY (Genoa). — I, p. 244.
It must be remembered that an average master of a Briüsh sailing-vessel is, when once ashore, about the most belpless animal in existence. He is ignorant of the language, and in general of the ways and manners of the people — generally he is so poor a man of business that he is not even able to make out correctly a seaman’s account of wages — still less is he capable of making his own calculations of freight, exchange, etc., even if all goes right ; and of course, 1f he once gets into difficulties with his merchant, he would be all at sea if unassisted, But, besides these everyday matters, there are often cases where
shipowners use the services of the Consul without scruple in doing work gratuitously, that if done by a merchant would be heavily charged for. To cite an instance : a few weeks ago a shipowner wrote to me that a vessel of his would shortly arrive at Genoa, and he had reason to fear the master was a drunkard, and he begged me to watch him, receive and remit his freight ,and if I thought it expedient, dismiss the master. The vessel arrived very short ly afterwards, and though I am happy to say the master did not turn out a drunkard, [ had lo take on myself the responsibility of receiving and remitting the freight, and of selling all the ship's accounts and disbursements whilst here ; and of course, gratuitously, there being no provision for such a case in the tariff. Another case was that of a small schooner which arrived here in command of a Spaniard, who held papers under which he purported not only to be master but to have power to sell her ; whereas, he had swindled the owner, who lives in New York, to almost the full value of the ship, and had incurred debts in various places on the vessel. In this instance I took the responsibility of detaining the vessel, advanced money from my own pocket to pay off the crew, and had months of unpleasant legal work, for which I received the warm (thanks of the owner, but no payment either for myself or Her Majesty’s Government.
N° 27. — ÎTALY (Sicily). — I, p. 264.
To relieve seamen when distressed, either by maintaining them until an opportunity offers of sending them home — by sending them to the hospital, where I visit them occasionnally and pay the medical charges — by providing
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BRITISH CONSULAR ESTABLISHMENTS 1871 271
them, when shipwrecked, with clothing ; or by paying their travelling expenses to the port of shipment.
N° 28. — GERMANY (Hamburg). — 1, p. 181.
et When the disputes as to the amount of wages due are seltled, disputes in which the autority given to the Consul merely Lo act as an arbitrator is often insufficient, they are frequently renewed again with reference to the mode of payment, which is usually in Prussian silver dollars, a currency lo which seamen occasionally manifest
a decided repugnance, only to be removed with difficully.
N° 29. — U.S. (Boston). — IV, p. 11.
The denial of jurisdiction to the British Consul, at this port, greatly interferes with the performance of his duties and the carryimg out of his instructions, and very injuriously affects the British shipping interest, by forcing the owuers and masters into troublesome and expensive litiga- Uon with their crews, and by promoting desertion and general demoralizalion amongsi the seamen. It involves, moreover, the anomaly of entire immunity for offences comitted on the high seas in British ships coming to this port, for the Courts here do not take cognizance of such offences, and even in regard to those referred to in the Extradilion Treaty, would not allow the Consul to take depositions te serve as evidence for the detention of the of-
fender.
N° 30. — U. S. (New-Orleans). — IV, p. 29.
Individually, the French Consul is exempt from all taxation, direct or personal, by Federal, State, or Municipal
authorities. His office and dwelling are absolutely inviolable. The powers that be can in no case or under any pretext, invade to seiz2 or examine papers or property depo- Sited therein. Such a sanctuary would have been invaluable to British subjects during the late war between the States. Ile cannot be compelled to appear before the Courts as a witness, but his testimony, 1f required, may be requested in writing, or taken orally at his dwelling. He has exclusive control of the internal order of the merchant vessels of his nation, and alone takes cognizance of any difference {hat may arise either in port or al sea, between captain, officers and crew, without exception, and particularly with respect to the adjustment of wages and the execution of contracts. The Local Authorities may not upon any prëtext interfere in these difficulties, but on the contrary must forcibly aid the Consul to arresl and imprison the crew when he may deem it necessary. These are valuable privileges and powers, and the more so because they are praclical and can be turned to good account every week in the year. They are greatly enhanced when you take into consideration the generally low character of the Municipal Courts of nearly every large city of this country, and (to say the very least) the doubtful and undignified practices that so often characterize their proceedings. To illustrate the propriety of not allowing the difference between cap- {ain and crew to come before such Courts, or any Courts L will state a case the parallel of which occurs almost weekly. À ship is ready to sail ; a sailor becomes mutinous, and refuses to do duty ; the captain in most cases exerting only his lawful and reasonable authority — compels submission, the sailor escapes to shore, employs
BRITISH CONSULAR ESTABLISHMENTS 1871 219
an attorney, makes a pecuniary demand for imaginary bodily injury, or for Wwages never earned, say for the sum of ten pounds. Immediately the captain is cited before one of these Courts to answer. He has now two alternatives first to employ counsel to defend his case, or secondly rather than delay the sailling of his ship — incur the expenses of an attorney and the costs of the Court (together certain to be greater than the demand), compromise as best he can, and pay the unjust claims.
Gencrally this latter course is adopted. Such an injustice cannot be inflicled upon a French or German ship. We know of no commercial or poliical advantages resulting to Consular appointees, unless it be immunity from personal taxation, and from militia service in times of peace or war.
° 81. — GERMANY (Hamburg). — RD 118.
15: Consular Privileges. — There are no other privileges enjoyed by Her Majesty's Consul than exemption from taxes, Cusloms duties, and the local obligations of citizenship or residence, The temporary arrest of seamen for misconduct or desertion is readily granted by the Hamburgh police upon the request of the Consul. The local authorilies are also cordial and obliging in the communication of information when requests are made to them for the purpose.
N° 32. — GERMANY (Konigsberg). — I, p. 191.
19. [ would beg to suggest that, in cases of Naval Courts, the Consul should be supplied with printed forms of summonses for the parties interested, and the wilnesses,
Stowrell, 18
and likewise for the general introductory method of constituting and conducting such Courts.
Lam not aware that any other nation has a similar institution. À form of oath to be used in case of foreigners as witnesses would likewise be desirable. Foreigners can, of course, object to appear as witnesses, or to pay any attention to such a Court, or might even consider an oath in connection therewith as not binding on them, and British subjects by putting their affaires in the hands of a local lawyer, could probably bring about conflicts as to the prerogatives of the Courts of the country which might lead to difficultres.
N° 33. — ITALY (Genoa). — I, p. 243.
15. The privileges enjoyed by Her Majesty's Consuls in Italy are those secured to them by the Commercial Treaty signed in Turin on the 6th of August, 1863, which containing as it does, the most-favored-nation clause, procures them the benefit of the more extended operation of the Consular ‘Treaties between Italy and France, and Italy and the United States. The chief privileges I enjoy under these Treaties, taken together, are immunity from direct taxalion whether state or municipal ; from arrest ; from military billetings ; from service in the army or national guard ; from being bound to appear in Court as a witness, and from serving on a jury ; inviolabilily of my office and dwelling ; exclusive jurisdiction over all differences which may arise, either at sea or in port, between masters and crews of merchant-vessels of my own nation, including power to arrest, not only deserters, but others of the crew when deemed necessary to confine them.
BRITISH CONSULAR ESTABLISHMENTS 1871 275 N° 34, — FRANCE (Marseilles). — I, p. 304.
ere Several of the Consulates here, in accordance, with these Conventions, take charge of all wrecks, and have the entire management of the property of their countrymen that may be cast ashore. In the case of the wrecks or stranding of an English vessel, theFrench maritime authorities assume the entire management thercof.
NÉS BRAZIL (Pernambuco). — IVEDr 112;
[rom the above it may be scen that the British Consular officer’s posilion, as compared with {hat of his colleagues, Of France, Spain, Italy, Switzerland and Portugal, is very inferior as regards jurisdiction. None of those important rights are granted to him, not even by courtesy at the pressent day, and British interests suffer grievously thereby. This anomalous Standing in Brazil, of all countries s0 indebted to the people and Government of Great Britain, from its independence Lo the present day, for its material progress, is one calling for earnest attention and remedy. Advantage is here taken to put a case in point. The Briüsh ship « Woburn Abbey », was wrecked about 90 miles Lo the norlh of this port in July last year. Information of this event was oblained ,as in every other case hitherto, from private sources. By the umely steps taken, and assislance brought to bear by this Consulate, nearly all the ship’s stores, apparel, and a portion of the cargo was saved and brought to this {he nearest port, but only after Persevering exertion and ten days’labour amidst breakers and heavy weather. The hull, however, was still entire, with the greater portion of her cargo slill on board ;
but, fearing the heavy charges and other obstacles, it was deemed éxpedient to dispose of the vessel as she stood, and also the saved caro by public auction, without delay- Due notice of this was given, as customary, to the Customhouse authorities ; but the Juiz do Commercio claimed the right, as being within his province, to have sole jurisdiction in the matter, and three weeks were lost before the whole of the property connected with this wreck was sold, realizing about 1,400 L. only. In previous cases this amount would have been taken to the Custom-house, the inspector of which would, upon requisilion, have handed over thal money at once to the Consul, less the amount of the duties, but on this occasion, the Inspector of Customs refused to deliver the money when applied for, stating that he had no authority to do so, ihat the Juiz do Commercio had prohibited him from so doing. The Juiz do Commereio also refused upon the ground that the Consul could not take possession of the money from a British wreck unless he could produce a power or authority from the owners to do so. Finding such an essential and most primal of the functions of a Consul thus set aside, the case was referred to Her Majesty's Chargé d’Affaire at FRio de Janeiro.
Up to the present, the money in question is still in the hands of the Juiz do Commercio, the salvors and owners in England süll without their due, and no modification or definition as to right or mode of procedure for the future obtained.
N° 36. — BRAZIL (Rio de Janeiro). — IV, p. 143.
The Brazilians, in concluding these treaties, have ne-
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cessarily stipulated for reciprocity, and with regard to Great Britain no treaty exists, as British law is opposed to permitting the interference of Foreign Consuls, in the matters referred to, within Great Britain.
N° 37, — BRAZIL (Rio de Janeiro). — IV, p. 145.
À somewhat curious idea exists with regard to the qualifications necessary for a Consul.
It is the common belicf that the training and requirements of an average diplomatist should necessarily be of a higher character than those of an average Consul.
But as far as the more solid acquisitions are concerned, to be really useful in his way, he should not only possess all the technical knowledge of an average diplomatist, but a considerable range of acquisitions beyond.
This fact did not escape the penetration of Mr. de Talleyrand, who, as the most successful diplomatist of his day, may be regarded as an authority.
He said : € Après qu’on a eu un succès considérable comme diplomate, combien de connaissances utiles il faut acquérir pour être un bon Consul ? »
Three-fifths of all the matters which may become international questions are taken in the first instance before a Consul, and the larger the number of these desagreable questicns which he can strangle in their infancy, by the address with which he disposes of them, the greater will be his utility to the State which maintains him.
N° 38. — PORTUGAL (The Azores). — II, p. 29.
1 shall merely observe that, in common with many of my colleagues, I have found that the position of a Consul,
even at a commercial port, is necessarily such, that whether he will or no he is regarded by all those with whom be is brought in contact as, ex-officio, a political official. Ie is treated by the local authorities and is styled by the local press as & the represntative of his Government » ; and if, as is doubtless desirable and necessary for the efficient performance of his duties, he is on terms of intimacy with those authorities, it is only natural that occasions should frequently arise when the political information which he may be able to procure from them will be of real value, as much to his diplomatic superior as to the Foreign Office itself. Of course this argument must vary in intensity according to circumstances, and will be found more strictly applicable to consular ports which are situated at a distance from the capital, and consequently from the residence of the Ambassador or Minister. As regards my own individual experience, limited to a sejourn of two years in a comparatively remote and unimportant group of Islands, I ean aver that the influence in favour of public or private British interests which I was enabled to exert with the Portugese Authorities, was certainly due to the fact that Her Majesty's Consul was regarded as something more than a purely commercial agent of his Government and received a consideralion in consequence, some what analogous to that accorded to a Diplomatie official. The recognition of the political duties of consular officers made in the last paragraph of page of the general instructions has, for these reasons, always appeared to me unnecessarily scanty and grudging. À am quite aware that it would be inexpedient to encourage any general idea that Consuls had political functions of importance to perform.
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I can appreciate the impolicy of stimulating any tendency that they may have to arrogate to themselves privileges and immunities to which they have no claim; and the danger of fostering unduly any propensity they may have for mixing themselves up with the local or general politics of the country in which they reside ; but [ imagine that men who in the judment of the Secretary of State are fitted for the financial and quasi-judicial responsabilities which an important consular post entails upon its occupant, may be safely credited with such an amount of discretion as will insure their not abusing a more distinel recognition of their duties as channels of political information to the superintending diplomatic mission, With this end I cannot conceive that there would be any danger in making it obligatory upon Consuls at commercial ports, of the first importance, to supplement their Annual Commercial Reports with such further observations on political matters as may be suggested to them by their local knowledge; such Pports of course to be of a confidential nature, and not for publication in a Parliamentary Blue Book.
N° 39. — SPAIN (Philippine, Islands). — II, p. 213.