New-York tribune., 1901-03-24
PERHANENCE OF TENURE Is
STRONGLY URGED FOR HEN
of PROVEN WORTH.
BY CHARLES DENNY.

that quarter of the world
We have extraterritoral jurisdiction in China.
Siam, Corea Turkey. Persia. Zanzibar. Tonga,
Samoa and Maskat. We exercise jurisdiction also
over sixty-four islands in the Pacific Ocean.
commonly called Guano Islands. By extraterri-
torial jurisdiction is meant that the countries
have agreed that they wilp exercise Juris-
diction either civil criminal, over our citizens.
but that the American consuls may exclusively
hear and determine all cases affecting them. In
1860 Congress passed law comforting upon our
consuls such jurisdiction. From the necessity of
tie great powers given to the consuls
Constitutional rights of the citizen were in some
disregarded, for instance. there was 10 be
no Indictment by grand jures which not
provided for. and trials were 10 take place before
N consul and more assessors. up to four
in capital cases without jury. civil causes were
triable up TO the amount Of $500 involved by the
consul, and above that amount by the consul as
sisted by two assessors. If an assessor disagreed
with the consul an appeal lay to the minister
1t will be that in the countries named our
consuls clothed with all the functions of courts
Of law. The American can be sued nowhere in
those countries except in his own consular court
Civil causes of great importance often brought
In this tribunal In China alone there hare been
four murder cases tried in the court of the con-
sul-general AT Shanghai. From these statements It
must be apparent that great should be taken
in selecting consuls for places in the East and
the Far East. While it is not absolutely necessary
that consul should be a practising lawyer. still.
he should be well informed the principles OF
common law the statutes Of the United States, ad-
miraty and equity law. To intrust the liberty and
lives of Americans and the property of the deni-
of all nationalities-for all may sue Ameri-
cans-to persons who entirely uninstructed IN
legal principles is a dangerous experiment, has
often been shown in practice.
INSTRUCTION IN CHINESE.
In China provision should be made for the
education in the Chinese language consular duties
and law of a corps Of students. The system of
Great Britain in that regard may well be copied
She maintains at Picking corps of students. who
remain there under instruction three years. When
the course is completed they sent to the con-
sulates clerks. From time 10 time they
are promoted until they become full consuls
They serve nowhere but in China They are sta
toned during their service in all parts Of the
pire They speak the language perfectly, and they
know the Chinese better than any other class. un-
less IL be the missionaries. Their reports on Chi
nese trade of inestimable value. As, TO some
extent the result of their labors the foreign popu
lation OF China is two-thirds British and the trade
OF England is nearly 90 per cent OF the entire
volume of trade.
II is to be noted that members Of the consular
corps Of all nations except our appointed
for life, and mostly retire at certain age. with
pensions do not advocate the bestowal OF pen
sions for reasons which IL Is useless 10 go into
here but undoubtedly the consuls in the Far East
should receive appointments for life or during
good behavior
Outside Of the missionaries there are no persons
in this country who speak Chinese. Those who
have learned it find employment in the business
houses or in the legations consuates and remain
in China One Of our consuIs goes TO his post in
the East with the reasonable certainty that he
viii remain there IN official capacity not
ceeding four years There is little nducement 70
him TO learn the language. for whose acquisition
all his would be insufficient He has not much
time TO spare from the performance Of his official
duties. He must take everything at second hand.
He is in the power OF his interpreter, who in most
cases is Chnaman. and. sometimes not the
honestest person m the world. If this class is
slandered its members. sometimes least take
brbes, utter false permits and enter into fraudu-
lent combinations to influence the unsuspecting
consul
GOOD MEN SHOULD BE RETAINED.
We have had. and have bright men In the consu-
lar service in the Far East. whose natural ability
enables them overcome all obstacles and hold
their with their colleagues of other nationali
ties But in this paper | am generallzing. II even
appointments for life good behavior should not
be made still the executive has within its own
hands complete remedy. Every in either the
diplomatic consular service makes a reputation
which is well known in the Department of
State as a mans reputation Is in the village where
he resides. The department knows and gauges at
his true value every under it's control From
his official dispatches It knows. of course, of his
efficiency or the reverse. as officer but IL knows
more than that. II knows him personally in his
daily conduct and habits. IL he drinks much
becomes dssipated in any way it is known a
Washington. Sometimes the minister is surprised
10 receive a notification examine into the habits
of consul and report the result If the consul
is making money outside of his salary the fact is
Immediately reported the department. IL he
makes debts which he does not pay the department
is very soon advised and applies a remedy dis
misses the offender. In a small Chinese conces-
sion the consul lives In fercer Tight than that
which beats upon throne" There always
kind or patriotic people report his doings and
most men have some enemies, these reports
sometimes unfavorabe.
With all this knowledge why cannot the Depart
ment Of State it that good men. those who
have rendered distinguished service. shall be kept
In office? / could name of my knowledge
consuls in the Far East who made splendid repu-
tations. whose retention desired by every
American and all the foreigners and natives but
who. when a change of administration came were
rut hiessly superseded As il almost certain that
Congress will adopt for the service the
system of appointments during life good be-
havior. let the administration keep good men in
Office in spite OF political changes of the execu-
tive This rule be extended to the Diplomatic
Corps as well. but as the ambassador or minister
government II well be claimed he should be
of the same political party his chief. As the
consuIs are simply business and judicial agents
this argument is not applicable 10 them
\ COMPLICATED SYSTEM
The consular system is complicated. We have
consuls general, consuls consular agents and COM
mercial agents, and each of these officers there
may be subordinate officers. such vice-consus.