The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-25
From the CAsrles,on Is. ca Nsos.

nal are Justly charged with the weight OF seri-
Gus social responsibility. And, II by want Of
thorough knowledge of the subjects of which
they treat or from the less excusable motives Of
party warfare, they misLead public opinion, they
de>ervedly risk the loss Of the condeqce Of their
fellow citixens.
Ny atteation has been turned to this consd-
GRAFTON, by observing that the correspondence of
the British consul with the State authorities OF
South Carolina, in last November, continues to
furnish fertile topic for editorial comments,
marked in some instances by the PRONUNCIATION
Of erroneous views of the constitutional pro-
priety Of his course, and am truly sorry to add,
in feU others, by bsiag mwie the channel Of
venting on one hand an il-will, in which the
great majority of the citizens Of the United
States do not concur and accusations, evidently
as unfounded rs they must consequently be dis,
creditable, against Great Britain; and OH the
other, hostile and irritating demonstrations
against the rights and feelings of South Caro-
lima
On looking into the subject believe the
question of the legality of the steps of the Brit
ish consul to lie in a nutshell.
The points appear to be-:
lst What are the duties of a consul!
3D. Has the British consul, in this case, out
stepped his duties, or evinced want of propriety
and courteousness in their execution!
Sd. Is the exercise of these duties incompati-
Bile with the Constitution of tho United States I!
will not stop to notice the nouel proposition
laid down by New York daily paper, Of with
drawing the Excquntor" Of a foreign consul
who openly carries out any avowed duties or
instructions, that may be "unpalatable," as re-
Duke to the government he serves. The edi-
tors arguments, If brought to a personal bearing,
would literally imply. thatin the event of an as
saut upon him by the argumsntum baculnun,,
his retaliation would consist in burning the stuff
of Office?
That veteran authority, Vattel, says Of the APP
pointment of consuls: Among the modern in
stitutions for the utility Of commerce, one of the
most useful is that of consuls, residing in large
cities, and especially 10 foreign seaports, with q
commission empowering them to attend TO the
rights and privilege, of their nation.
The consul being charged with the affairs of
his sovereign, continues accountable for his &C.
tons, and subject TO him.
Mr.. McCulloch, in his definition of consular
duties, states, That it is his business to watch
over the commercial interests of the subjects Of
the State whose servant he is-to see that the
conditions in commercial treaties are properly
observed-that those he is appointed to protect
demands, in conducting their business, and TO
represent their grievances TO the authorities at the
place Uhere he resides, and he quotes from the
Beawes and Warden, whose weight as authori-
ties we shall readily admit, at il his duty to pro-
tect from insult and imposition British subjects
in every description within his jurisdiction. II
redress from injury suffered is NOT obtained, he
is to carry his complaint to the minister at the
court on which the consulshio depends"
McCulloch gives also the following extract
from the "general instructions to British con-
suls:"
I'm the event of any attempt being made to
injure British subjects, either in their persons
or property, he will uphold their rightful inter-
ests and the privileges secured 10 them by treaty.
by due representation m the proper official quar-
ters.
He will, at the same time, be careful to con-
duet himself with miIdness and moderation in
all his transactions with the public authorities,
and he will, on no account, urge Claims on be-
half Of II. M. subjects, to which they are not
fairly and justly entitled.
If redress cannot be obtained from the local
administration, or if the matter Of complaint be
not within their jurisdiction, the consul will
apply to the consul general, or to H. Ms min
lister, if there be no consul general in the coun-
try where he resides, and the consul will pay
strict attention TO the instructions which he
may receive from the consul general, or minis
ter"
1t is evident from the above extracts, that it
is incontrovertib'y the acknowledged and the
direct duty of a consul $50 far as ruled by the
best European authorities on international law,
and by the British consular instructions) to ap.
ply, whether specially instructed or not, in the
first instance to the local authorities within his
consulate, upon all matters touching the CON-
merce, property, and rights Of his countrymen,
which may appear to be within the jurisdiction
of those authorities, and, if his representatives
are unsuccessful, or the subject becomes be-
yond local jurisdiction then to the minister Of
bis country, at the court or seat of the general
government.
But sir, are United States authorities or rules
at issue with the above!
Bowler thus defines the duties of American
consuls: "Consuls are commercial agents ap-
pointed by government to reside in the seaports
Of foreign country 10 Datch oper the CONNER
cial rights and pricilsges Of the nation deputiny
them.' And find, in the General Instruc-
tons to cousuls and commercial agents of the
United States" that "they are TO be countenanc.
ing and protecting them (their felow-citizens)
wih the authorities Of the country, in all cases
where they may be injured or oppressed"
| see that the course Of the United States
cousuls, in Cuba, and in various other countries,
has been already brought forward in this dscus-
sion. | will, therefore, only add that have
been made acquainted with precisely parallel
case to the one before us, in British colony,
possessing an internally Independent elective
Legislature, where the United States consul Of
6cially addressed the governor, "as instructed"
and requested him to move the legislature to
the repeal Of yearly tax upon foreign dealers,
and Of an inhibition Of the trade of auctionecrs
~ being at variance with the treaty existing be.
tween the two governments. We must then
admit, that the British cousul, in this instance,
has adopted the constitutional and the habituai
course.
The editor Of the New York Courier and In
qurer of the 26th, also describes the cores
pondence on both sides, as courteous and dig
ni6ed," and the arguments Of the British consul
as well put" nor can I perceive the language Of
the letters to give the slightest ground for the
differences 80 deliberately attempted to be drawn
therefrom, by the same Journals unhappy "af-
ter-thought" of the 27th--bu, airs, I fully sdnis
L. u r IL u