In 1831, President Andrew Jackson directed Secretary of State, Edward Livingston to report on the U.S. Consular system. Shipping Masters had lodged complaints that the consular officers were engaging in all kinds of extracurricular commercial activities and fraudulent behaviors.
In 1790, Congress passed an act to establish a diplomatic service, but despite Washington's initial appeal to provide funds and pay salaries, Congress did not agree. Since the consuls did not receive a salary, many of these consuls were merchants who used their position to advance their own personal business. Because there was no cost to the government for a new consular appointment, the number of consuls exploded in the early years of our nation. Starting with the Jackson administration, the consuls became part of the spoils system, with each new president replacing the consuls with his own candidates. During the Jackson administration, there were more than 180 consuls being managed by only 3 clerks at the Consular Bureau. Without supervision and without salary, many of these politically appointed consuls looked for opportunities where they could profit off the backs of other merchants. In 1831, Daniel Strobel Jr, the former US consul in Nantes and Bordeau reported on complaints of shipping masters that consular offices were engaging in all kinds of extracurricular commercial activities and fraudulent behaviors.
In President Jackson's 1831 State of the Union Address, he urged for both a renewed dedication of consular offices to our laws, and a revisal of our consular laws. Jackson explained the importance of maintaining the confidence of the world regarding the integrity of our intentions. He reminded both consuls and diplomatic agents that they must both attend to the just complaints of our merchants and traders, and also ensure that these same obey the laws of the countries they are trading in.
"It may not be improper to add that to preserve this state of things and give confidence to the world in the integrity of our designs all our consular and diplomatic agents are strictly enjoined to examine well every cause of complaint preferred by our citizens, and while they urge with proper earnestness those that are well founded, to countenance none that are unreasonable or unjust, and to enjoin on our merchants and navigators the strictest obedience to the laws of the countries to which they resort, and a course of conduct in their dealings that may support the character of our nation and render us respected abroad.
Connected with this subject, I must recommend a revisal of our consular laws. Defects and omissions have been discovered in their operation that ought to be remedied and supplied. For your further information on this subject I have directed a report to be made by the Secretary of State, which I shall hereafter submit to your consideration."
Upon Jackson's request, Edward Livingston Secretary of State began an extensive investigation into the consular system. A report of his investigation was delivered in 1833. In his report, Livingston made two major recommendations. First, he recommended that Congress provide "a more precise designation of the duties of consuls" and the system of fees that they can charge. Livingston explained that in many foreign countries, the council is the only officer of our nation in that place and frequently needs to act as the public minister in defense of Americans. Because, the consul has been given no training or set of rules, in many of these situations, the consul puts "such construction on his powers as best suits his interest and avoids taking any responsibility that is not forced upon him". Second, Livingston recommended that funding be provided to provide consuls with a regular salary. By making the consul a salaried office holder, merchants will no longer suspect them as acting for their own commercial interests, but rather on behalf of all merchants. Along with a salary, Livingston recommended adding a provision that prohibited consuls from having any personal interest in commerce. Livingston hoped, that by doing so the office of consul would henceforth be filled by 'men of talent, education, respectability of character, who would be the protector not the rival of our merchants'. Unfortunately, Congress did not act on the report, and it wasn't until 1856 that Congress finally approved funding to provide consuls with a salary.
References
Presidency.ucsb.edu. (2019). Third Annual Message | The American Presidency Project. [online] Available at: https://www.presidency.ucsb.edu/documents/third-annual-message-3 [Accessed 6 Aug. 2019]
Goey, F. (2014). Consuls and the Institutions of Global Capitalism, 1783-1914. London: Pickering & Chatto, pp.23-24.
US Congress (1838). Registers of Debates in Congress: Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress: [Dec. 6, 1824, to the First Session of the Twenty-fifth Congress, Oct. 16, 1837] United States. Congress. Gales & Seaton, pp.129-131.
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