The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-05-06

The instructions Of my predecessor referred to pre-
dicated upon existing laws and must govern in
prior to their date as well AZ subsequent You uiH
therefore, deciding upon The adjustment Of The accounts Of for
egn minsvs cosuis and commercial agents Of the United
Saes, recognise The gold slrr currency which they
paid equal rale The gold coinage paid al The Ud States
treasury
Very respectfully, your obedient servant
h HOWELL COBB,
Secretary of the Treasury.
First Comptroller of the Treasury.
TREASURY DBPAnTMENT,
Comptroer's Office, August 20, 1857.
SIR By the I'D section of the ''act to regulate the
diplomatic and consular systems of the United States
approved August IL, 1885, Pamphlet Laws, first session.
Thirty fourth Congress, p 60, the President is author
lied to prescribe such regulations and make and issue
such orders and Instructions not inconsistent with the
constitution law of the United States in relation
to the duties OF diplomatic and consular officers, the
transaction Of their business, the rendering OF accounts
and returns the payment of compensation, &C., from
time to time, he may think conducive to the public
interests In pursuance of this authority he caused to
be prepared and published system series Of regula
ons for consular officers Of the United States in the
2o5th paragraph of which, Mt page 3d. the follow
ing f n,
Loss by exchange in the sale of drafts the Score
ary of State will be allowed provided that the certG
Gates of the bankers brokers to whom the sale may
hive been made transmitted showing the loss sus-
tanned the certificate of two or more merchants,
bankers brokers, showing the rate of exchange be-
tween the place where the consular Office situated and
tbs city Of New York. at the respective dates of the drafts
per form No %"
The following is the form alluded to
q Form No. rs.
Vouchers to the difference in the rates of exchauge
between the several foreign ports and countries and the
United States.
Name of place and date.
II, - being banker, broker merchant as
the may be aud doing business such at the place
aforesaid do hereby TINT wit
rate of exchange at this day between said place and the
United States Of America and bill OF exchange draft
drawn here payable at New York cannot be sold for
greater sum than - cents upon the dollar upon the
face Of said draft
[signcd by the broker, &C.
Name of place and date
"I ---, the officer drawing the bill or draft do
hereby certify that bill of exchange draft payable at
New York could not be sold for ready payment this
day at this place for than cents upon the dol
lar upon the face of said draft BILL aud that is the
value Of the difference OF exchange between the
tries at this date ke
ISigned by the consul.
Congress Mt its last session made provision for these
losses in the following words:
For estimated loss by exchange drafts of consuls
and interpreters for salary, forty five thousand dollars.
Upon these laws and regulations for these all that
have been able to find that have any bearing the
subject following question has arisen Is the consul
entitled TO receive and have added to his salary the diff
ference in exchange that may be thus shown to- exist be-
tween the place OF his official residence and the United
States, whether he ever sold draft or sustained any nc
tual loss not
This question has become Of much interest, and,
many of the consus and other foreign agents Of the
government preparing to return, early solu
ton is desirable IL is commended their part that they
entitled this difference, whether they sustained the
loss not IL they drew and used their salaries ut
home sold their drafts for less than the usual discount
prevailing among bankers sold them at par it is
IL
entitled to receive the difference In exchange prevailing
at the time between this and the country TO which they
accredited The above forms referred favor
ing this construction
On the other hand, t IL concnded that they are only
entitled to the actual loss which they sustained when
they drew for their salaries If they drew upon powers
of attorney and invested their money home suffer
cd their salaries to lie until after their return, there
seems to he no sufficient ground for claim to exchange
and if they drew upon the United States for their sala
res, nnd disposed Of the drafts at less discount than
was prevailing among the bankers at the time, they
made whole by the payment Of their actual loss.
The consul is the agent Of the government and
such is bound to promote the interests Of his principal
by every proper within his power If intrustcd
with the sale of drafts - would be expected 10 dispose of
them ut the smallest possible sacrce 10 the government
and whatever he might upon the usInl
rates. 10 to would inurc tn the principal rather
than TO the agcut He would hardly be deemed faithful
agent who would involve his principal in greater
penditure than necessary for the proper transaction
Of the business in which he was engaged
The clause in the regulations directs the allowance Of
''lc@ Ivy exchange in the sale of drafts, &c. and the
forms In the appendix are supposed to have been intend
ed vouchers in support Of an alleged loss and
to show that the usual rates had not been exceeded
have respectfully to request your views, or, if you
think II best the views of the Attorney General on the
above question.
Very respectfully your obedicnt servant,
w MEDIIL, Comptroller
Hon. HOWELL coBp Secretary Of the Treasury.
s4tigii s1H aa d ,.afg, -. 2 s...,sa. t,Isi.
go es Treasury DEPARTMENT
August 20, 1851
SIN Your letter Of this date has been received asking
my views or think best tho opinion Of the Attorney
General upon the question whether consuls entitled