It may not be out of place to mention here another provision which lies outside of the province of the State Department but affects its usefulness, nevertheless. A well-known case which occurred in Louisiana a few years ago, illustrates the point. A number of Italians, members of a band called the Mafia, were killed by a mob, and as a consequence loud complaints came from the Italian people, and many bitter criticisms were urged against a government which must needs leave the administration of justice for aliens within its borders to any locality where prejudice was evidently high. Our government could only give assurances of a satisfactory settlement of the matter; but it was humiliating to feel the powerlessness of the United States to take the administration of justice in a case involving foreigners out of the hands of the State of Louisiana and into its own. Such cases have happened more than once in our history, and the fact that they are liable to occur at any time is a standing menace to our peace, and will be so until the proper legislation is enacted. This is an acknowledged weakness in our government, a source of annoyance and humiliation to every patriotic American, and of embarrassment to the State Department. One cannot do better in view of such a defect and our comparative indifference to it, than to quote the warning comment of James Bryce: “As it is, that which might prove to a European nation a mortal disease is here nothing worse than a teasing ailment. This is why Americans submit, not merely patiently but hopefully, to the defects of their government. The vessel may not be any better built or formed or rigged than are those which carry the fortunes of the great nations of Europe. She is certainly not better navigated. But for the present at least,—it may not always be so,—she sails upon a summer sea.”
We have been considering the State Department thus far with respect to its relation to the general government, its chief officer, its division into the various bureaus and some general remarks upon its most distinctive feature, the Diplomatic Bureau. There remain several minor topics to be briefly presented, leaving until the next lecture the method of choosing men for the consular and diplomatic service, a subject which might profitably be considered here.
The Department has varied in its scope somewhat from time to time, now enlarging its domain as the country grew, and greater needs developed, and now surrendering some of its functions to other departments, mainly the Department of the Interior. It was first known before the outbreak of the Revolution as the “Committee of Secret Correspondence”, with Benjamin Franklin at its head. Next it was known (1777) as the “Committee for Foreign Affairs”, and its first Secretary, Thomas Paine, was dismissed for making an official matter public. Next (1789) it was known as the Department for Foreign Affairs, and finally as the Department of State, with Thomas Jefferson as the Secretary. The Patent Office originated under this Department, but in 1849, when the Department of the Interior was organized, it was formally transferred to that department. In the same way the Census Bureau was transferred to the Department of the Interior in 1850. Likewise, until the organization of the Department of the Interior, the affairs of the Territories remained under the Department of State.
One important functionary not mentioned among the bureaus is the Solicitor. This officer is detailed from the Department of Justice to “examine claims by or against foreign governments” and to advise upon points of international law involved in treaties, protocols, etc. The Solicitor is not subject, in the discharge of his duties, to the direction of the Attorney General.
Besides the regular business of this department, and in addition to the work of the Diplomatic Service, there are a number of bureaus and foreign commissions appointed for purposes more or less temporary, many of which require diplomatic ability of the highest order and others technical skill and knowledge. There are at present under commission the following:
(1) Bureau of the American Republics, with a Director, a Secretary, five translators, an Editor of the Monthly Bulletin, a Chief Clerk and a Chief of the Division of Information.
(2) Intercontinental Railway Commission, four members.
(3) United States and Mexican Water Boundary Commission, three American and three Mexican members.