The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-09
CONGRESSIONAL.
SPEECH OF MR.. PERKINS,

House Of Representayes February j. 1855 on the bill
reform the diplomatic and consular systems Of the
United States.
The SPEAKER The next question in order is upon the
bill TO remodel the diplomatic aud consular systems Of the
United States reported from the Committee on Foreign
Affairs by the gentleman from Louisiana Mr. PERKINS
and upon which he Is entitled 10 the floor.
Mr., PERKINS Of Louisiana. Mr.. Speaker, what have
now 10 say of our consular system is in continuation 0 my
remarks the bill reported om the COMMITTEES on For
egn Affairs for the reform OF our consular and diplomatic
systems.
The abuses under consular system greater
than those under diplomatic system and are OF char
acter that demand immediate correction They affect IN
jurously the honor of the country well its commercial
interests and bear with peculiar severity upon the Amer
lean sailor.
know the difficulty of interesting the House in a sub
eet necessarily of SO much detail this reform Ii is
time however that il should be effected and earnestly
ask the attention OF members TO brief statement OF the
provisions of the bill before the House.
The diplomatic and consular reforms have been united
in bill because they both parts Of foreign SER
vice. both chiefly under the control Of the State Depart
ment and the defects in each chiefly result from the same
causesan originally imperfect organization and the too
close imitation Of the English systems retained for sixty
FIVE years without important modification
The powers of consul and the laws regulating his duty
can be considered as they affect
FIRST his 0wa country second The country 20 hich he Is
sent third oar foreign commerce fourth ne rghts csea
men and NTH The of The country as collected by I'M
posts upon foreign impOrtatiOns
viii speak TO each of these points; and, without at
tempting TO discuss any one OF them fully VIII indicate
how far and in what manner il is proposed TO correct
them.
The diplomatic representative abroad is under the pro-
lection OF the law of nations II without any local law or
positive instructions from his government he has
still certain great general principles common to all nations
for his guidance.
The Consul on the other hand does not exist by
derive his powers FROM the law Of nations lie s not
properly speaking the representative of his country but
only of certain interests of his country He is governed
and protected by treaty spuatons special enacments
Any uncertainty therefore in the law regulating either his
powers his duties leaves in great embarrassment all the
interests under his control and makes it of the utmost inn
portance only that his duties be properly defined by
the law of his country but that proper guards be
placed upon their discharge Under present position
United States consul presents an anomaly painful and
at the time, shameful to contemplate Not necessarily
citizen of the United States ii often happens that he has
visited this country knows but little of our in
stitutons and speaks if at ALL but mperecdy our Ian
guage With no law regulating definitely his duties and
such statutes exist imperfect and difficult of access scat
tered all through the volumes of the acts OF
Congress- 1t is not surprising that the greatest abuses
exist
Mr.. Speaker, do not refer to mere abstract
abuses The and character Of the duties Of consus
the extent and variety of subjects which command their at
enton and generally the remotenes OF their locality and
the utter helpessness Of citizens abroad suffering in per-
property to obtain protection except through their
agency give to the provisions OF our law regulating their
conduct the highest degree of practical Importance.
The consul have said has duties to perform both to-
wards the country of which he is resident and towards
his country More than this he is only sometimes
the sole agent of communication between these govern
ments but from circumstances he frequently at the same
time both the protector of his counrymen and Judge
between them II is his duty guard the commercial in
eres Of his country to give notice of the infringement
of treaties to advise with and see that citizens OF his gov
not imposed upon subjected to unnecessary
demands in their business and 10 be the organ through
which their grievances made known. Appointed to
localities too remote to command the attention Of the
bassado he is at once the peaceful sentinel OF trade and
the legal advocate of the rights of his counrymen.
The present bill n5odies Me provisions Of erisHg law
respecting consul and he Instructions Of The government
,chich hare the force Of lar bit ch cary less
,c epery Secretary Of Sae# The changes proposed
by ii in existing system such have been suggest
ed by the experience of those connected with our foreign
service Mr.. Livngstons report in 1888, Mr.. Buchanans
in 1876, and numerous other reports from committees Of
this House. and from persons in the foreign service and
file in the State Department have all been consulted The
minor provisions of the bill have been subjected to the
yerest scrutiny by those in positions making them most
competent to decide upon them The committee deter
mining its details have sought be governed by principle
and although there may be objection in the minds OF some
members of the House this that feature in the BILL
to the of salary for this that consulate do not
think taken whole that any bill could have been eab
GRATED with 1t will be impossible to discuss be
fore the House all these items and have only said much
in order that members may that the committee in pre-
entng for their adoption the present BILL have not done
without giving to its mnutes details that reec
ton and study which the Importance of the subject de
mands.
The most important reforms under the bill be briefly
stated:
First None but citizens Of the United States will under
\
abroad
Second The consul viii be obliged TO remain personally
within his commercial district and discharge the duties OF
his office His salary will not begin until his actual entry
upon the discharge OF these duties and if absent longer
than ten days any time from his commercial district
with without the consent OF the President he viii for
felt during such absence his salary
Third. 1t smphes the grades of consular rank, and
curtas abuses resulting from the number and mode
Of appointment of viceconsu who have heretofore
oyed the privileges of regular consuls without furnishing
any Of the guarantees exacted Of those appointed by the
President and confirmed by the Senate.
Fourth. Ii denies to consuls a important points abroad
where there Is much American trade and their consular
duties properly discharged should occupy their whole time
the right to engage in trade.
Fifth Ii provides salary for each consul and defines
precisely the fees to be collected specifies their character
and amount and creates guards against extorton in he
collection or failure to account for them to the government
First None but Americaa citizens Of ne United Satei
uH under ne bH he enabled 10 hold consular position!
| abroad
have already discussed this point and will only
firm what have SAID by the opinion of Mr. Jefferson
given in letter to John Jay, dated Paris November IA
| 1888
oWith respect to consular appointments, il Is a duty
to add observations which my situation here has
enabled to make. think it in the spring Of l79
that Congress harassed BY multiplied applications from
egners, OF whom nothing known but their in
formation that Of Others unknown themselves
resolution that the interest Of America would
.The sections Of this now substantially in force either BY
law the instructions Of the State Treasury Department
Sections and l0See circular instructions 10 diplomatic
agents, secretaries Of legation and conus June 1883
Sections IL line Statutes Large 256 10 line o. In
strucons In Supplement General Instructions to Consus
(note) page &c. 10 line IA Law Instructions Statute.
at Large, 256i General Instructions chapter l. article