Let us next consider the duties of the agents of the government under the control of the State Department, which belongs to one of two classes, those in the consular and those in the diplomatic service.
Consuls differ from diplomatic agents (by whatever name they may be known), in that while the latter are the representatives of one state or government to another, consuls are the representatives of the individuals of the nation sending them, empowered to protect individual interests, and to procure for their fellow-citizens, as far as possible, the same protection to their rights that they enjoy at home. They represent commercial interests only. They can address themselves directly to the local authorities when the rights of their fellow-citizens are infringed, but if redress be not given, they can not apply to the supreme government, except in cases specially provided for by treaty. They must refer the matter to legation or their own government. In other words they have no diplomatic or representative rights, powers or privileges. Formerly consuls had power as arbitrators, but gradually the legal jurisdiction over disputes was withdrawn in nearly all except non-Christian countries, although for purposes of wills or intestate property this jurisdiction has still been in some measure preserved. With regard to maritime matters the case is different; and here, for the purpose of avoiding protracted disputes in the courts of the country, the consuls are still allowed large jurisdiction. This is nowadays in most cases regulated by special treaties.
Consuls are in a certain way charged with watching over the execution of treaties, for they must protect any of their countrymen whose rights are invaded, and must immediately bring to the attention of their government any such infringement. In general, they observe the movements of naval forces of all nations on the coast near the port in which they are placed, and it is their duty also to watch over the dignity of their own country in maintaining the rights of their flag. Not only are they obliged to give aid, advice, and assistance to the ships of their commercial marine, but they should in their correspondence with their government report all events touching the navigation, the various changes in the commerce of the countries where they live, and especially anything touching the special commerce with the country which sends them. In fine, they are bound to keep pace with the state and progress of manufactures, the rise of new branches of industry, and in general, the increase or diminution of the public wealth, taking especial care to be well acquainted with all matters where other countries may gain advantage over their own. They are given a sort of police jurisdiction over the commercial vessels of their own country; they are generally charged with the duty of investigating shipwrecks and saving property from the wrecked or stranded vessels; with all disputes between captains and sailors; with arresting deserters; and with sending back shipwrecked or discharged seamen. In time of war their duties in these respects are still more important, for they are obliged, so far as the international law, the special treaties, or the laws of the country in which they are placed will permit them, to protect at all hazard the commercial and naval interests of their country against arbitrary acts, whether committed by the country to which they are sent, or by the nation at war with it.
On the death of one of their countrymen they in general take possession of his effects, and in case of property left in the country, manage, keep, and dispose of it for the benefit of the heirs. They are charged, beside, with notarial duties of all kinds, and in most cases they are the only authorities who can validate legal instruments between citizens of their country, or others to be used at home.
In addition to the general duties of a consul various special duties are imposed on American consuls by our tariff system, which do not generally exist in the services of other countries.
It is necessary for our consuls to verify in triplicate every invoice of goods sent to the United States. Not only is he obliged to take the oaths of the manufacturer or exporter, but he is expected to have a special knowledge of the trade of the place and of the actual value of the goods, so that he can control the statements made to him; for our system does not accept the valuations of goods always at the actual price paid for them, but at the market value of the place where they are manufactured or chiefly sold. Besides keeping a number of official records, registers, and fee books, carrying on his ordinary correspondence with the Department of State, and carefully prescribed forms relating to the business of his office, and of everything of interest of a commercial nature to the government, the consul is obliged to make quarterly, semi-annual and annual returns, both to the State Department and to the Treasury. He must, for instance, at the end of each quarter give a digest of the invoices verified by him during that period; of the arrivals and departures of American vessels, a return nowadays exceedingly simple; of deceased American citizens; a record of his notarial services, or unofficial fees; a summary of the whole consular business; and, in case the consul has extraterritorial jurisdiction, a return of the business of the consular coast, and also a record of his official fees.
Still other duties are the submitting of quarterly, semi-annual, and annual reports. The consul at Shanghai has such duties placed upon him as give him supervisory control over all consulates in China, vest him with semi-diplomatic powers, cause him to participate in the municipal government of the foreign settlement, make him a judge in civil causes, give him charge of the gaol in which American prisoners are confined, constitute him judge of a criminal court, of a court of probate and divorce, of an equity and nisi prius court, appoint him United States postmaster, give him the duties of a seaport consulate, and place under his control the protection of the revenue of his government.
Diplomats are agents of a higher class and with different functions. According to Caloo, who is now generally accepted as the best modern writer of international law, diplomacy is the science of the relations existing between different states, such as result from their reciprocal interests, the principles of international law, and the stipulations of treaties and conventions; or, more concisely, diplomacy is the science of relations, or simply the art of negotiations. According to Caloo, the essential nature of diplomacy is to assure the well-being of peoples, to maintain between them peace and good harmony, while guaranteeing the safety, the tranquility, and the dignity of each of them. The part played by diplomatic agents consists principally in conducting negotiations relative to these important objects, in watching over the execution of treaties which follow from them, in preventing anything which might injure the interests of their fellow-citizens in the countries where they reside, and in protecting those of them who may be obliged to ask for their assistance. According to rules adopted by the Congress in Vienna in 1815, diplomatic agents were divided into three classes: (1) Ambassadors, legates, or nuncios; these two latter being sent only by the Pope; (2) Envoys, ministers plenipotentiary, or other persons accredited to a sovereign or sovereign state; and, (3) Chargés d’Affaires, who are accredited only to the Minister of Foreign Affairs. According to the old custom, ambassadors represented the person of the sovereign, and accordingly enjoyed higher ceremonial honors than were paid to other diplomatic agents. They could also address themselves personally to the sovereign or chief magistrate of the country to which they were sent for matters of business, instead of having to negotiate with the Ministers of Foreign Affairs. Nowadays ambassadors differ from other diplomatic agents only in rank and precedence. The United States having no ambassadors, and but few envoys and ministers plenipotentiary, does not always receive equal privileges of rank with some other countries. Our interests certainly demand that in every country we should be represented by agents of the highest title known or accepted there. More questions are settled by a few informal words at a dinner table than by a formal process of correspondence, although, of course, when great principles are at stake a formal mode of procedure is necessary. It is therefore evidently to be desired that diplomatic agents in a given place should be of equal rank and on a friendly footing with each other.
There are several cases in which the Minister of the United States, if he had more official authority, could manage to have matters arranged which ultimately affect our interests. At Constantinople, for instance, where there is an effort to undermine the treaty rights of all foreigners, the ambassadors have of late adopted the habit of meeting one another in an unofficial way, and of laying down rules and taking action regarding extraterritorial matters, which are then proposed to the rest of the diplomatic body. In general, the representatives of the smaller states are asked for their approval or dissent, but given no chance to suggest or argue. Three years ago, indeed, our government found it necessary to protest against this course, for it was beginning to be tacitly understood that only the ambassadors of what were called the Signatory Powers—those who were represented at the Congress in Berlin in 1878—should have any voice in matters which affected the interests of all foreigners in Turkey. Our protest had the theoretical result of bringing about occasional conferences of all foreign representatives, but the practice remains much as before.
Foreign ministers of the United States should be enabled to live in a style suitable to their rank. Nor is this simply a question of display, but for a minister to be useful he must make acquaintance with the leading persons of the country, and entertain them at his house.