The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-01

The legislation Of Congress regarding the
consular system Of this country, has been quite
meagre, being confined to two or three acts.
| the first Of which was passed on the 14th Of
April, 1892, the second on the 18th of February.
1903, and third, regarding the duties of consuls,
July 20, 1910. As imperfect as these laws are
admitted to be, all subsequent attempts to re-
model them, and to put our Anticipated consular
system on footing commensurate with the pro-
gress of the country and to render it consistent
| with the spirit of the age. have proved utter
! failures. Merchants, and citizens generally of
all parties, have repeatedly condemned the sys-
| tenn, complained of its injustice, imperfection
and injurious character, yet without avail One
| is at loss to understand why system so uni
versally condemned is so strongly cherished
by the Congress of the United States Some
have expressed their fears that selfish motives
have swayed politicians, who wished to have
things remain as they were, for the purpose of
rewardng political favorites with the sinecure
consulates of nine or ten thousand dollars per
annum, while the starving, or non-paying, con-
sulates would answer for subordinate time
servers, whom it would be royhlesome to pro-
vide for at home, where theif incompetency
would become Immediately exposed to the peo-
pie.
The act ofl7s2 was very brief and general in its
character. 1t was entitled An act concerning
consuls and vice-consuls and for the direction of
the consuls and viceconsus Of the United States
in certain cases. The first section of this act au-
thorized consuls to receive protests, or decara-
tions, which captains or masters, crews, or pas
sengers, and merchants who are citizens Of the
United States may, respectively. choose to
make; and, also, such as any foreigner may
choose to make before them relative to the
personal interest of any citizen of the United
States; and all Of said acts duly authenticated
by the consuls and vice-consuls, to receive faith
in law. equally as their originals would in all
courts of the United States.
1t also provided that it shall be the duty of
consuls to take possession of the personal estate
left by any citizen of the United States, other
than seamen, who shall, within their consulates,
having there no legal representative partner
in trade or trustee by him appointed-the eff
fects to be appraised by two citizens of the Uni
ted States or for want of them, any others
they may choose All debts due the estate to
be collected and all owing to others to be liqui-
dated-the residue to be sold by auction after
reasonable public notice and the balance trans
mitted to the treasury Of the United States, to
be holden in trust for the legal claimants.
! If at any time before closing the affairs
| If the deceased, legal representative
should appear, the consul is to hand over all
! to the said representative, and his agency is to
i bo hau racoiyaA fnocf for
vices as far as he had proceeded. Consuls are re-
! CURED to notify the Department Of State Of all
American citizens dying intestate, and without
legal representatives, abroad, in order that the
fact may be published in the State to which he
| belonged.
| The third section directs that where ships or
| vessels shall be stranded or wrecked on the
coasts OF their consulates, they shall take all
proper measures, under the laws of the country
where they reside. for saving the vessels their
cargoes and appurtenances, or for storing and
securing the effects and merchandise saved, and
to take an inventory Of the same, and after de-
Quoting the expenses from the value Of The goods.
| &C.. deliver them over to the owner or owners.
He is not to take possession ofthe goods when the
| captain owner, or consignee thereof is present
or capable OF taking possession Of the same.
| The fourth section prescribes the fees to be
allowed for various consular services. These
we shall notice when we reach another part of
our subject.
Section fifth provides salary Of $4,000 per
annum to be paid to consuls appointed by the
| President to reside in each of the Barbary
| States which are the only fixed salaries paid
at this day.
| Section sixth provides that both consuls and
vice consuls shall give bonds, with such suretes
as shall be approved by the Secretary Of State,
which is regarded as merely pro Jorma. as many
consuls are sent abroad who could give no bond
OF all worth having. The bonds, when taken. are
to be for not less than two thousand dollars
nor more than ten thousand conditioned for
the true and faithful discharge Of the duties of
his Office. according to law, and also for truly
accounting for all moneys goods and effects
which may come into his possession by virtue
OF this act and the said bond shall be lodged in
the Office of the Secretary of the Treasury"
The amount ofthe bond 1.-TWO thousand dollars)
exacted from q vice consul, whose fees may
not exceed one hundred dollars per year, if
duly executed and in good faith, would seem to
be exorbitant The only contingency which
might render it necessary, would be the posi-
bilty of goods of deceased Americans, or of
wrecked vessels, falling into his hands, the safety
Of which in his possession might be thereby
better secured.
A second act was passed by Congress on
February 18th, 1903, which was entitled = An
act supplementary to the Act concerning Con-
suls and Vice Consuls,' and for the further pro-
lection of American seamen"
The first section provides that before clear
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