The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-12-23

putting al hssd properly large amount, and the
ghts OF so many different persons, n manner SO highly
Injurious to, IT, not destructive their
should be Immediately checked and prevented.
They therefore respectfully request that mark OF
dapproya OF such course, the said consul may be
mediaely dismissed or suspended Signed by
]. b. Sattersthwaite, v. p. Edwin Bartlett,
New York lns Go. Lexington Ins. Company,
A. y Neil,on President Sun Columbus lns. Company,
Mutual ms. Co. Agencies by Jos. Hoxie,
antie Nut ms Go. zsbedee Cook, Prest Gene.
John L. Iappan, V. Prest. raj Mutual ms. Company
Jonn Walker, Pfest Mercan- vile las. and Trust Co,
bas s Mu' In. CO Agency by nB Holmes
Rowland Y AsPinwall, Vim. Whielock, ir.
Davis, Brooks, Il Co. Robert Kenmit,
Andrew Fosier& Sons, J. Howard & Son,
E. b. Hurlbui i Co. barstow i Pope,
Taylor y Merrill, Howes, Godfrey, Il Co.
Boomer, Grave u Co. Chastelain q Ponvert,
z Harmony Y Nephews, Taylor u Ritch,
Alsop& Chauncey, spodord. Tleston, Il Co
The lntellgencer introduced the foregoing memorial
with the following remarks
"The Consulate az Rio Jansiro-A change which has
been lately announced In the consulate at Rio Janelro
which Ex-Governor Kent is appointed in place Of the in
cnmbens has probably induced the transmission 10 u.s. BY
e The ePy e usa as.
tain late official acts In that consuae"
II might seem that the impression intended 10 be
yeyed by the intelligencers language was, that Mr.
Parks's removal had been the result of the New York
memorial, and of the acts therein complained of. The
Washington correspondent of the New York Journal of
Commerce, however and the correspondents of other
respectable administration prints, placed the change in
The consulate at Rio de Janero upon political grounds
10 removal upon the latter considerations, Mr. Parks
does not and could not with consistency and proprety,
as Is conceived take exception Against the naked act
OF dismissal he has uttered moi mumur. lie has well
coined the new incumbent with every mark OF friendship
and respect and has expressed qualification al having
been succeeded by SO distinguished gentleman as Gov
ernor Kent
The friends of Mr. Parks are unwilling however that
his removal shall be ascbed TO improper conduct even
by inngendo and one Of them would consider himself
unmindful oil the obligations imposed BY sense OF duty
TO ieow-czen, did he not use the facts and evidence
within his reach 10 make manifest 10 the pubic that the
action complained of by the respectable gentlemen Of
New York, so lar from authorizing occasoniDg dis
mssal from Office not only legal and proper, but
such as should elicit encomiums from all just men
The high reputation Tor Intelligence and probity
ioyed by the New York memoralisis al once entities
the grounds OF their complaint TO respectful inyesga
ton and precrdes the supposiion that their action was
exalted however I her eas OF asce and Of honor
the will be the pain they must experience
upon being convinced that they have inadvertently
while he was in a foreign land. six thousand miles dis
tani from the scene OF their accusaionha they have,
through want Of information pronounced conduct illegal
which was strictly egalaand that owing to false rep
mary acts performed after the most patient investigation,
and under the recommendation oil his legal adviser the
United States minister near the court Of Brazil and after
all parties had had opportunity OF laying evidence be-
fore him, il they had any TO produce
In treating the subject, two points will present them.
selves
First Does a consul Of the United States possess
legal power to remove American merchant captain
from his command and, =,
Second II such legal power is possessed by consus,
was properly exercised by Mr.. Parks in the cases
der consideration
The question Of Legal Popr.
As in constituting statute The object which led TO its
enactment Is 10 De considered, 80 IN determining the pow
ss Of public oes = !: equally ESSpe, to nGss to,
declares that ITO watch the rights and interests OF
their subjects wherever the pursuits OF commerce may
draw them the vicssitudes OF human affairs may force
them the great objects for which con,us depued
by their soveregns."--l Peferss Dig, 5S5
No act OF Congress attempts 10 specify all the powers
which may be exercised by consus Of the United States
portant performed by eonsus but which are al the
same time constantly recognised as legal BY our courts
The consular ac, Of 1884, after specifying certain pow
and duties belonging TO consus. concludes with
the following section
"ssc D. 1nd be- FARTHER saaoisd That the specification
OF certain powers aud duties 10 this act TO be exercised Q,
performed by the consus vice consus OF the United
states, shall not be eonsed 10 The ern,on Of Others result
ing romhs naiur Of Their appontme, or any treaty or
'''' ii u s. Stat at Large, 257
Kent observes in referring to the powers specified in
the above act that These particular powers and duties
consus under the consular convention between the UNI
ted States and France in 17ss and they are in accord
with the usages OF naons ana are not o nc con-
sued to the exclusion OF Others, resulting from the ma
ture Of the consular appointment i Kent, az
Yet in the face OF the foregoing section and authority
intelligent upon most subjects contend that consuls
do not possess the legal power TO dpace masters OF mer.
chant vessels simply because the authority not express
IN conferred by statute.
The distinguished jurist, Edward Livingston, when
Secretary OF State prepared general instructions TO the
cousus and commercial agents OF the United States, in
tended 10 supeede all others which had been issued and
from them the annexed article is taken:
.Anr NJ The duties Of consul or vice consul are such
as are prescribed by positive law such ne arise from the
nature OF the Office snder the general commercial laws OF
nations "-2 Eihefs Dip. Code, ABB. @
Under this article, il becomes important 10 inquire,
what il the custom OF common law OF nations upon the
subject under consderauoni
Robert Hesketh esq, British consul at Rio De Janeiro,
in The following letter to Mr. Parks, makes known the
custom, in this particular Of consuls representing The
first commercial nation in the worldt
'.Rio DIX JAruno. Oct IL, 1879
Dean sIRs have much pleasure In complying with
your request by Transmitting the following remarks
sDurng the course of my consular service, whch com
menced In the year 1874 have oen been called upon 70
discharge the duty OF deprving the master Of
British merchant vessel Of his command and appointing
another person IN his stead. &c. a va Il
II consider the removal OF shipmaster, when urgently
needed unavoidable duty because consul the au-
sorty abroad apoined take cognzance Of shipping
a. N fa ~ es..Kf tnn