GENERAL REMARKS

Consuls are charged with the protection of the commercial interests of their nation in the country to which they are sent, they are called on to uphoild the rights of Treaties, to interfere on behalf of the subjects of their nation in the event of thase being injured either in property or person ; the exercise with more or less latitude a jurisdiction

over seamen ; they correspond with the chief authority of

their districts on various matters relating to the interests of the subjects of their nation ; they are, in short, the public Agents of their Government ,and are invested with a quasi-diplomatical character.

The authorities, however, to whom they are accredited, make little or no distinction between those who are exclusively functionaries and those who are at the same time traders ; they refuse to acknowledge the publie character of the former, and if they recognize it in any instance, it is solely through courtesy. Hence these functionaries find themselves in a false situation, and the object for which they are sent is in a measure defeated.

The overt acknowledgment of the political character of our Consuls Envoyés, on the part of the State of receiving them ; the admission of their judicial authority in differences between seamen as hereinbefore explained ; the drawing a line of demarcation between this class of Agents and those who are merchants ; and the accurate definition by Treaty of the status and functions appertaining to each class, can alone remedy this state of things, and secure to such as are Consuls missi, a proper degree of freedom in the exercise of their duties. And here, as a means of determining the status of these Agents, I would suggest.

That the title of Consuls and Vice-Consuls be alone conferred on such as are paid functionaries of the States :

That these, without any exception, be prohibited from engaging either directly or indirectly in commercial pursuits ;

That those Agents who are merchants receive the appellation of Commercial Agents » ;

That a jurisdiction be alone permitted to those who are

BRITISH CONSULAR ESTABLISHMENTS 1871 281

Consuls and Vice-Consuls Envoyés, and that the functions of commercial agents be restricted solely Lo the signing ships’papers, to the performance of notarial acts, and to the repatriating seamen when in distress.

N° 40. — SPAIN (Puerto-Rico). — II, p. 218.

15 and 16, The Spanish Government in theory curtails the privileges of foreign Consuls as much as possible ; it is not content to recognize them as other nations do, without further comment than that contained in the Exequatur, but it addresses a letter Lo them upon taking office, in which they are warned that they are merely Cummercial Agents, and that if they attempt to exceed the functions of such agents, they will be sent out of the country at a moment’s notice ; this, [| presume, is done because it has been done for 200 years. Her Majestys Government has long ago announced that it cannot consider the duties of its Consul confined to commercial questions, but although the Spanish Government has maintained its view, its practice is fortunately more liberal than its theory : indeed, nothing can be more satisfactory than the consideration with which the superior Consuls are treated, and the genuine attention paid to their representations. Trading Consuls meet with less consideration ,and the Vice-Consuls and consular Agents are jealously restricted to the simplest shipping duties — they are personally ignored by the supreme authorities at St.-Juan, who confine their intercourse to the « Consules Generales, » as the Superintending Consuls are properly called. We have the privilege of the entree to the Executive at all times ; we are, of course, exempted frorn military service, domiciliary visits, and direct taxation,

and we are personally protected, and always promptly assisted in the performance of our magisterial duties. The only special privilege enjoyed by Treaty is the right which the French Consuls enjoy of administering Lo the estates of their countrymen dying intestate, and which has not been extended to other nations.

Persons holding foreign consular agencies are exempt from forced service, civil and military ; but if they are Spaniards, the Government retains its sovereign rights over them. As an instance of my meaning of exemption from Civil Service, Ï may mention that two of my Vice- Consuls are medical men ; before their appointment the authorities were perpetually, as they legally could do, ordering them to attend o cases of pauper sickness, or grave accidents, without regard to distance, and the inconvenience which they and their patients might suffer. Since they became Vice-Consuls these requisitions have entirely ceased. Merchants holding foreign Vice-Consulates derive many business advantages from doing so, and thus give frequent offence to the other of the commercial body.

N° 41. — GERMANY (Leipzig). — I, p. 19%.

During the frequent visits of the Court at Leipzig, the Consuls have constantly received invitation to dinners and assemblees, which involve necessarily a considerable amount of expense.

N° 42. — GERMANY (Hamburg). — I. p. 179.

The exclusively commercial character of Hamburg gives the merchant Consuls a leading position in society here,

their wealth making it possible for them in many cases to

BRITISH CONSULAR ESTABLISHMENTS 1871 283

give entertainments on a scale which other consuls cannot approach.

N° 43. — ARGENTINE CONFEDERATION (Rosario). — IV, p. 99.

16. My position as regards my colleagues, with reference to privileges or jurisdiction which they enjoy or exercise in pursuance of any treaty stipulations or usages is on equality with theirs, except that soon after my arrival here on the first of January last, at a meeting of the consular corps, four of my colleagues, senior to myself, waived their privileges so that I should become their doyen.

Lam not prepared to say whether Consuls engaged in trade here obtain any advantage by holding such appointments ; but my experience in other parts of South-America enables me to state that such appoiniments are frequently used to obtain advantages over traders not holding similar offices, not only unfair, but oftentimes to the prejudice of the revenues of the country where they reside.

N° 44. — SWEDEN (Stockholm). — II, p. 242.

Further, T am of opinion that in all p'aces where there is a British Legation, Her Majesty’s Consul should be attached to it, as it would improve his position, give him certain privileges not now enjoyed, entail no expense on Her Majesty’'s Government, and do no harm to any one.

N° 45. — PORTUGAL (Lisbon). — IL, p. 52.

1. The rank and position of British Consuls in the diplomatic service, — On this head I will beg to quote Sir C. Murray’s observations contained in the despatch already referred to, and to be found at page 648 of the Report of the

Select Committee of 1858. « This » (rank and position), he says : € so far as Î am informed, is represented by the word « nil ». Last year I wrote unofficially to the Foreign office to inquire whether, in the event of any official dinner or other official ceremonial occurring at Tehrar, the Consul or Atlachés were to take precedence : the reply of the two Under Secretaries of State was, (their opinion given unofficially) that the Attachés had the precedence. This seems to me an anomaly amounting to an injustice, that an officer holding the Queen’ Commission, and who has for perhaps twenty years performed public duties, commercial and political of high importance, and who ranks next to a Lieutenant-Colonel in the army, should be inferior in diplomatie rank to youths, who may have been two or three years in the Service, and who have no responsibrlity whatever.

N° 46. — GREECE (Piraeus). — I. p. 211.

16. My position is exactly the same as that of my other colleagues, no advantage whatever is oblained by a Trading Consul in consequence of his official position, beyond a certain kind of security his house may be considered to enjoy during a revolution. That the latter is the case I have ascertained from personal experience, when I was British Vice-Consul at Athens during the revolution, after the expulsion of King Otho from Greece.

N° 47, — GERMANY (Dantzig). — I, p. 176.

15 and 16. There is no special consular convention between Great Britain and this country ; and the position of British consuls is regulated more by usage than otherwise ;

nées

BRITISH CONSULAR ESTABLISHMENTS 1871 285

but even in this respect it would be difficult Lo state with precision the degree of privileges enjoyed by foreign Consuls in Germany, as some variety exists in different localities, and the entire question appears Lo be in a state of transition.

In the year 1866, myself and the French Consul her }, were put on the list of those lodgers who were to have soldiers billeted on them, whilst the Russian Consul, who inhabits à large house, the property of the Imperial Russian Government, was left out. Our representations on the subject were successful, and this privilege to foreign Consuls has been since embodied in a Law for North Germany, which bears the date of June 25, 1868, and by article 4 of which, section 2 it is enacted « that the lodgings oi foreign Consuls (professional ones), are exempt from billetng, whenever the Consuls are subjects of the country which employs them, and do not trade at the place of their

residence. »

N° 48. — GREECE (Piraeus). — OA E

Although thus accredited to the Prefects, as far as my own experience Of 25 years serves, the Consular authority has scarcely ever occasion to communicate with them, exCepliing in cases of shipwreck.

Whenever a difficulty occurs, I have invariably found it the best and safest plan Lo call personally on the head of the Department within whose jurisdiction the affair lies, whether that be the police, mayor, captain of the port, or any other local authority, and explain the case verbally to them.

This avoids a great deal of trouble, and smooths down many difficulties.

N° 49. — ARGENTINE CONFEDERATION (Rosario). — IV, p. 97.

6. The character of Her Majesty’s Consulate is commercial, but as the constitution of the Argentine Confederation grants sovereignty to each province, whose internal affairs are managed by a Governor and Legislature elected by the people, Consular officers are enabled to address themselves to the Governor or Local authorities of the provinces over which they have jurisdiction.

By this means, in police or other matters, a great saving of Ume is gained, and a more direct influence exerced than when cases of this nalure have to be represented to the Federal Government, through the Legation established at the capital.

N° 50. — PERU (Arica). — IV, p. 172.

15. The only privilege I have is the exemption of one servant from forced military service. Articles for my own use pay the same dulies and my taxation is the same as that of any other foreigner residing in the country. My jurisdiclion does not extend beyond inquiring into disputes between masters and seamen, in eriminal cases being invited by the judge to take a seat on the bench, and administering Lo the property of such British subjects as have died intestate.

N° 51. — UNITED STATES (San Francisco). — IV, p. 80.

… The Consul General of Norway and Sweden claimed an exemplion from taxes on the house he owned and occupied, and the point was conceded. The consular salary is exempt from income tax.

dl auittié 7 Bnie d'ÉRlee à bodies ds nu dé ni

mdr ces à de ©

BRITISH CONSULAR ESTABLISHMENTS 187! 287

N°62. ITALY (Brindisi). — I, p. 226.

The advantages which residents derive from a consular appointment are, exemption from serving on a jury and from service in the National Guard, besides the pecuniary advantage of levying fees.

N° 53. — BRAZIL (Santos). — IV, p. 138.

FurTHErR Remarxs.

With regard to the Consular Service, it would be of great benefit if Consuls could be more trained to their career. À young man going into the Service enters it, as often as not, knowing literally nothing of the duties he will bave to perform when-he takes charge, and his apprentice- Ship is served in his own Consulate. The examination he under-goes gives him but little practical knowledge ; he May pass à brilliant examination but he may not therefore have a good sound judgment, nor does it teach him to deal with the numberless questions conslantiy coming before hi. If, for instance, any candidate for twelve months or more, previously to being called up, were sent to work lor that period at some Consulate where there is a fair amount of business, what he would learn would be of great value to him, and the duration of office hours would not interfere with his studies, and being in a foreign country he would learn languages with greater facility, besides gaining experience in every way. Again, it would be no undue boon if Consuls serving in hot climates were allowed to claim a greater number of years than what they have actually served, say two years 1n hot or unheal-

thy climates as counting for three in Europe. Years spent among swamps and fevers cannot but tell fearfully on one’s constitution as compared with an european climate. Lastly, the salaries of many Consulates are totally out of proportion, consideration, when they were apportioned, being paid more to the amount of work done than to the cost of living and house-rent, and this too often not being understood at home, a man gets the credit of bemg paid high when, in reality, the value of his salary is less than other who have, in reality, less in the number of pounds sterling, the purchase power being greater in the one place

than in the other.

N° 54. — ITALY (Turin). — I, p. 285.

À class of officers like the French Chanceliers and clerks would be useful in the English service. Consuls, under existing regulations, have gencrally to provide their own clerks, and, as they are unable to offer any hope of a career, find it often very difficult to meet with proper persons for the employment.

N° 55. — ITALY (Cagliari). — I, p. 232.

A Consul whose advice is asked, and when it is known he has no interest in the maiter, how much more will he be looked up to and relied upon by his clients ? Again, the system in the French Service of having a chancelier always attached to a Consulate has many good effects. À man as Chancelier in the French Service is educated especially for the particular branch of the service he is in ; in many instances he is a doctor of laws, never can aspire to a higher grade in the service, and often is a fixture at the Consulate,

BRITISH CONSULAR ESTABLISHMENTS 1871 289

being au fait with all the routine and local manner of carrying on the business. À new Consul, for example, is appointed ; he finds a tried and valued clerk in his office, who will make him acquainted with all the information so necessary to à Consul entering an entirely new post. Again, in our service a man may be appointed to a post where there is no regularly paid clerk. He finds himself completely alone, and has to stumble on in the dark, making blunders and getting out of them again, till he is acquainted with the system carried on in his district.

N° 56. — ITALY (Brindisi). — I, p. 226.

19. The only suggestion I beg leave to make respecting the general instructions to Consul is, that the Consul’s duty of making himself acquainted with all laws of trade in force in the country of his residence, and with all treaties which may affect his official position, should be facilitated by furnishing each Consulate with a complete collection of those laws and treaties, and with any subsequent ones that may be published.

It is often difficult for a new Consul to procure these documents, especially being out of the way places, and it would be a great advantage to find them ready to hand among the archives of the Consulate.

N° 57. — CHILI (Valparaiso). — IV, p. 154.

But should this be all that is to be desired ? Should not a Consul whose appointment is really necessary for the interests of his country be-enabled, firstly by his bearing, both publicly and privately, to gain prestige, and thereby further the interests of his country and countrymen ?

Stowell 19

Can a Consul who finds difficulty in paying, and at times may fail to pay, his monthly butcher’s or grocer’s bill, be expected to have weight or influence with the people he lives amongst ? Is it not disadvantageous that a Consul, from the inadequacy of his pay, should be obliged to live in a manner unbecoming his position, unable to accept invitations into society, from want of clothes or other poverty, and much less able to give a welcome to his house ? [ repeat, however gentlemanly and honest a Consul may be, under these circumstances, it cannot be expected that he should be of use as a representative of a country whose trade alone with the port he resides at exceeds three millions sterling per annum.

N° 58. — ITALY (Turin). — I, p. 285.

The position of a Consul abroad is generally looked up to with respect, and for the honour of his cloth and country a Consul will often spend any little patrimony he may possess rather than exist, as he ought, on his official income. Consular officers have no right or desire to step out of their proper place ; but they should, in fairness, be enabled to maintain a respectable appearance without which their utility is limited.

But it may be said the present scale of salaries is ample for single men, the Government has not to look to the families of Consuls ! While no advocate for imprudent marriages, I cannot think that the British nation would wish to impose the yoke of perpetual celibacy on an entire class of publie officers ; a yoke, moreover, which might occasionally clash with strict ideas of vbicial decorum.

BRITISH CONSULAR ESTABLISHMENTS 1871 291

It might, possibly, be a fair arrangement to fix a minnum and maximum amount for Consul’s salaries. Within these limits a rise of so much might be granted every five years, unül, after a certain number of years’ service, the highest salary had been attained. The personal salary might be independent of the posts occupied, for the greater importance of any of which a scale of allowances might be fixed, commensurate with the work done and the expensiveness of the place.

N° 59, — SPAIN (Cuba). — IL, p. 206.

One point, however, has often struck me in regard of Consulates in the tropics and those in trying and fatiguing climates, viz., whether the Consuls serving there should not have advantages of pay and leave superior to those serving in the same rank in healthy and pleasant posts.

N° 60. — BRAZIL (Bahia). — IV, p. 101.

In the French and Italian service in tropical climates, two years’ consular service counts for three, in respect to pensions, and in the former, after five years’ residence in a tropical climate, the Consul is entitled to a removal to a more lemperate zone, should his health require such a change.

N° 61. — ITALY (Turin). — I, p. 285.

The cessation of the postal franchise was severely felt by all Consuls. The privilege was deeply appreciated, and its abolition I believe to have been not only to the detriment of the Consuls in their private relations, but of the public service, The more that officérs residing abroad are

connected with the thoughts, feelings, and life of their own country, the more they maintain the character of Englishmen, the better they cary out the duties entrusted to them. The saving effected on the transmission of Consuls’ letters and papers can hardly counterbalance the moral effect in the loosening of ties which connect us with our home.

N° 62. — UNITED STATES (San Francisco). — IV, p. 81.

It is desirable that some provision should be made to enable Consuls to visit at intervals the different parts of their districts ; the cost of doing so must preclude a great many from undertaking it, expecially where the district is large and the facilities for travelling not great ; but for a Consul to be in a position to make a practical and reliable report on the trade and resources of his district, he must be in some measure acquainted with the whole of it.

N° 63. — FRANCE (Reunion). — I, p. 159.

The French Consul for instance, forms part of the diplomatic body, and has always the hope of advancement as an incentive to the performance of duty. He has, moreover, the prospect, every four or five years, should he desire it, of being removed from one consular post to another. In this respect, I submit, the french has a great advantagr over the english system.

The idea, no doubt, prevails, that the longer a Consul is resident at the same post the better able he becomes to give reliable information to his Government. But a Consul who at the end of a year's residence is not able to afford all

BRITISH CONSULAR ESTABLISHMENTS 1971 293

necessary information to his Government is not likely to become more useful as he grows older.

It must be remembered, moreover, that Consuls are but human, and that the longer a Consul resides at one post the more his opinions and sentiments acquire the local colouring. He contracts friendships and local ties which more or less bias his feelings, and as a natural consequence the Queen's service suffers.

N° 64. — SPAIN (Canary, Islands). — II, p. 191.

There are many reasons which render it desirable to keep a Consul at the same post as a fixture, such as intimate knowledge of the trade of the place and of the customs of the people ; also, the probability that after à long residence be may become a favourite, and possess thereby greater personal influence. This latter advantage is, I believe, only attainable in the more civilized countries. In others, less civilized, where general ignorance prevails, and the moral sense 1s somewhat wanting, and where to be a friend and favourite you must also be a partisan or accomplice, the honourable and straightforward discharge of duty does not necessarily produce popularity. The prospect of a lifelong residence in such a place must be injurious to the Service by lessening the Consul’s independence of action, The knowledge of the language of the country is also a strong reason for not removing consular officers from one post to the other, but I apprehend that many Consuls are conversant with several foreign languages. [ beg most respectfully to express the opinion that the apointment of Inspectors, who would periodically

visit the different consulates, would be very advantageous

to the Service :; it would ensure the regular and scrupur lous performance of all the duties of the office. The archives may be kept at present in any way the Consul pleases, either well or ill ; the expected visit of an Inspector would ensure their being maintained in good order. It would also be a great advantage to Consuls at distant posts to obtain his assistance and advice on many subjects, and, above all, to keep up thereby a connection with the Foreign Office, the want of which is especially felt since the agency system has been abolished.

N° 65. — ITALY (Naples). — I, p. 257.

It appears to me that, on every occasion when the Consul or his representative is required or requested to attend out of the office, a fee should be chargeable.

N° 66. — ITALY (Genoa). — I, p. 246.

5. One suggestion I venture to make as to fees is that, although it would be very difficult and probably unadvisable to make people pay for verbal advice or assistance given by the Consul at his office, it would certainly be well to make a charge when his presence is required at a distance. As, for instance, if he is required to go to a deathbed to make a will, or to attest the signature of some old or infirm person unable to come to the consulate. In such cases, perhaps, the French system of a & vacation » of so many hours might be adopted, or a fixed charge of a guinea a day, as at a valuation or sale, divisible into half or even quarker days.

BRITISH CONSULAR ESTABLISHMENTS 1871 293

GERMANY (Leipzig). — I, p. 195.

16. He is, im this respect, on the same footing as his colleagues, the paid Consuls of Russia, Austria, the United States, and France. Consuls having received exequatur from the Saxon government, and notice of the same having been sent by the Kreis-Director in Leipzig to the Burgomaster of the town, the latter is the person with whom they have official relations. In addressing Consuls, on the receipt of nolufication of their appointment, the Burgomaster promises every assistance and support, assuring them of the enjoyment of all rights and immunities pertaining to Consuls of foreign nations.

N° 68. — SPAIN (Puerto Rico). — I], p. 215.

Note (1). — There is a proposition before Congress to make the Consulate at Puerto Rico a Consulate-General, as it should be and is, in every other respect than the title. The United States had formerly two full Consuls on the island, one on the north side, at St.-Juan, the other on the south side, at Ponce. The Spanish Government having objected to this, the United States insisted upon maintaining the statu quo until the death of Mr. Gallagher, who held it, and this having recently taken place, and the duties of the St.-Juan Consulate being thereby increased it is proposed to make it a Consul-General ship with increased pay.

N° 69. — GERMANY (Dantzig). — I, p. 175.

Moreover, a Consul cannot be sufficiently cautious with regard to notarial acts of native subjects, as their affidavits before a foreign Consul are illegal and contrary

to prussian law, and even the attesting of a simple document may in some instances be objectionable ; thus by affixing his seal to a sheet of paper which ought to have had a prussian stamp affixed to it, a Consul might be unwitingly conniving at a fiscal offence.

N° 70. — GERMANY (Hamburg). — I, p. 185.

16. — Consular position. — The position cecupied by Her Majesty’s Consul at this port is one of equality with the other Consuls missus, which, however, conveys no other advantage than those staled above. Consular appointments are frequently sought by resident merchants on account of the advantages which such appointments confer upon them in the prosecution of their business.

N° 71. — ITALY (Turin). — I, p. 284.

An important omission that I would venture to point out 15 the absence of all instructions for the performance Of notarial acts, etc., which consular officers are enabled to do by Act 18 and 19 Vict. cap. 42. In this branch of their duty, which is carefully considered by foreign governments. Her Majesty's Consuls are without guide, in ignorance indeed, whether they are compelled by law to draw up notarial acts for British subjects when re. quired, or merely lo altest them when prepared by others. If Consular officers were instructed to exercise, Under certain conditions, the functions of public notaries as is the case in the French service, it would add, no doubt, to their work ; but might be of considerable service to Briüsh subjects, and become a source of revenue to the fee

BRITISH CONSULAR ESTABLISHMENTS 1871 297

fund. Were it considered, on the other hand, that the disadvantages over balanced the benefits to be derived from this course, consular officers should, at least, be relieved of the doubt under which they, at present, labour as to the extent of their duties with regard to notarial acts.

Report of the Committee appointed to inquire into the Constitution of the Consular service (1).

To the Marquess of Lansdowne, K. G.,

His Majesty’s Principal Secretary of State for Foreign Affairs.

My Lord,

The Committee which your Lordship nominated to inqure into certain subjects relating to theConsular Service have carefully considered the questions submitted to them, which were as follows :

€ a) Whether the present limits of age for candidates, viz., 25 to 50, should be altered, and whether service in the capacity of Vice-Consul for a certain period should be required to qualify for promotion to the rank of Consu!.

€ b) Whether any changes are desirable in the regulalions governing entrance into the Consular Service and in the character of the examination, and in particular whe-

ther the subjects of examination should be extended, more

(1) Miscellaneous, n° 3 (1903). Presented to both Houses of Parliament bÿ Command of His Majesty (July, 1903).

especially with a view to encourage the acquisition of knowledge connected with commercial matters.

«c) Whether the salaries should be, so far as possible, equalized, and a system of local allowances adopted, in order to remedy the present inequalities in the matter of pensions.

« The question of dividing the Service into distinct grades could be considered at the same time.

« d) Whether means could be adopted to give Consular officers opportunities of increasing their practical knowledge of commercial matters, and to bring them more into personal contact with the commercial community. »

After having examined the witnesses, and after having given careful consideration to the papers and reports relating to the subject which have been placed at their disposal, the Committee have come to the following conclu- SIOns :

2. The Committee find that the British Consular Services in the Levant, Persia, Siam, China and Japan, are recruIted by means of open competition under the Civil Service Commissioners, the limit of age being from 18 to 24. The general Consular Service, that is, for all countries other than those named, is recruited solely by nomination of the Secretary of State for Foreign Affairs, the ages of those appointed being anything from 25 to 50 both years inclusive ; officers appointed in this way are obliged to show that they have a certain degree of fitness for their appointments.

In our opinion the general Consular Service as it at

present exists offers no attraction to capable young men. It is not a properly constitued or graded public Service, and offers no definite prospect of promotion to those who enter it, for men who are new to the Service may be given appointments over the heads of others who have been there for years before them.

3. The Committee strongly recommend that the present system of nomination and age limits for the general Consular Service should be abolished, that admission into that service should be by limited competition, and that the age for admission should be from 22 to 27 ; these limits will cnable candidates to compete who have had both a University and a commercial training. At the same time, power should be reserved to the Secretary of State to appoint any person, regardless of age limit, to one of the higher posts for which special qualifications may be required ; but such appointments should be rare, as in the Diplomatie Service, and should only be made in exceptional circumstances, and when they are clearly in the public interest, so as to avoid lessening the attractions of the Service, and blocking the promotion of deserving officers.

4. The Committee have fully considered the variety of the work which falls upon Consular officers : amongst other duties which make great demands upon their time are the engagement and discharge of seamen, the administration of the remainder of the Merchant Shipping Act, and, generally, attention to the interests of British subjects

who require their services. Moreover, the social position