Previous to the advent among us of the minister of France, and for some
time thereafter, the corps of representatives was guided in all matters
of business and ceremony, either among themselves or collectively, with
the Moorish authorities, by the rule of perfect equality, except in the
single instance of attending in a body the funeral of a deceased
colleague or other foreign employé.
In matters of business which require the presence of all chiefs of
missions, they met, turn by turn, at the residence of each other; and
when it became necessary to make a collective written representation to
the Moorish authorities, the chief at whose residence the document was
written would first sign, and the rest would follow in alphabetical
order in the French language. You will oblige me by referring to my
dispatch No. 27, dated May 15, 1865, and you will see a copy of “the
collective opinion of the representatives of foreign powers in Morocco,”
addressed to the minister of foreign affairs. That opinion was written
at the residence of the Belgian consul general, and signed by us in the
order mentioned. Up to that date and until after we had signed the
convention concerning Cape Spartel light-house, and even subsequent to
that transaction, the old rule of perfect equality without distinction
of grade had been adhered to by all the representatives, with the single
exception above mentioned. Anterior to the date of the convention of
31st May, 1865, between his Majesty the Sultan and the Christain powers,
and while the same was in course of preparation, it became necessary for
its accomplishment to hold conferences for the purpose of perfecting it
and the “regulations,” for the control and maintenance of the
light-house. They were held turn by turn at the residence of the several
representa fives taking part in the convention. The minister of France
participated on terms of perfect equality at the respective legations
and consulates. He consented to the regulations which gave the
presidency of the commission to each of the representatives in
alphabetical order, commencing with the consul general of Belgium, and
after its form and the regulations made in pursuance of its terms were
completed, adherence to the old rule caused us to meet at the residence
of the Belgian consul general for the purpose of signing and sealing the
same. It was signed and [Page 165] sealed
in the order indicated, commencing in this instance with the copy for
Austria—the English minister is the agent general for that power; and I
am not aware that any objection was raised by the minister of France to
this manner of transacting business, in which all had an equal and
common interest, and which involved a question of ceremony as well. The
convention was exchanged at the ministry of foreign affairs; on that
occasion the first exchange was made and certified between Morocco and
Austria, other nations following in the order mentioned. It is certainly
strange that he did not assert the privilege of his high grade on these
several occasions, and be first in business and ceremony. The Morocco
board of health, a creation of one of the former Sultans, is composed of
the representatives of foreign powers. Its presidency passes monthly by
turn to each chief of mission. If the treaty of Vienna, to which the
Sultan is not a party, gives precedence to the minister of France, in
that event he would become not only the permanent president of the board
of health, but of the international commission as well, simply because
that treaty applies to matters of business as well as ceremony, and the
minister has already declared, as you will see, that he will never go to
an official reunion at the house of any of us. In view of the past I do
not think his official dignity would be compromised if he were in the
future to attend reunions at the residence of those whom he is pleased
to designate as his true colleagues, or that other class whom he regards
simply as commercial agents. “Everything for the minister, the minister
for France,” seems now to be his motto. While writing my opinion in the
circular I had my mind fixed on the business matters above mentioned,
but I made no reference to them, I did declare a fact with regard to the
first ceremonial visit, and I then assumed the position that the
minister was not our dean, and I still think he is not, in the sense
that he uses the word. No one will know better than yourself whether or
not I was accredited by President Lincoln to his Majesty the Emperor of
Morocco. The minister thinks I was not; for he declared in the presence
of all the chiefs that a number of us had identically the same positions
as a consul general—commercial agent—under the orders of a legation in a
capital. I claim that our official positions—and I now speak of consuls
general chiefs of missions—in this country are quite different from what
they would be if we were residing in a civilized country, and invested
with the same title which we hold here. This difference, however, does
not arise from title, but from the exceptional state of society in which
we find ourselves charged with complex functions and extraordinary
powers under our titles. The minister of France is not, nor from the
nature of things can he be, the repository of a greater trust, or
charged with greater responsibility. He is a minister, and also a
consul, and he discharges daily or when necessary the duties pertaining
to the latter office. We are called upon to discharge the duties of a
higher grade, but we receive the designation of a lower one.
No one denies his high grade, but I feel safe in saying none of his
colleagues, true or otherwise, would consent to sink their official
character in the presence of the minister of foreign affairs and let him
be their collective mouthpiece. We stand upon an equal footing before
this government, and the minister of foreign affairs treats us all with
the same degree of respect and consideration. I am a consul, but I am
designated by everybody as a consul general. The minister of foreign
affairs shows me the same respect and esteem that he shows to the
minister of France, for the simple reason that while the latter is
charged to confer with him on matters pertaining to France, I am charged
to confer with him on matters pertaining to the United States. The
minister of foreign affairs looks no further.
Throughout this controversy I have been guided by the single
consideration of maintaining intact the dignity of the representative of
the United States in this country. Nothing more, nothing less.
I have the honor to be, sir, very respectfully, your obedient
servant,
Extract from a circular dated the 11th July, 1868, addressed by
the Spanish charge d’affaires, president, during the month of
July, of the Moorish board of health.
As the question in dispute among us can only be settled by agreement
of the foreign representatives, the French minister, as dean of the
corps, will determine what is to be done, and I will accept any
invitation he may be pleased to send me.
JOSÉ DIOSDADO.
Tangier,
July 14, 1868.
The question of the incompetency of the board in police sanitary
affairs, away from the sea shore, having been decided affirmatively,
I deem it my duty to issue the present circular, so that our
archives may contain a document fixing the faculties of our
board.
AYMÉ D’AQUIN.
Seen and approved.
W. KIRBY GREEN, For the British
Minister.
Seen and signed by—
CASTELLINARD, JOSÉ DANIEL COLAÇO, ERNEST DELUIN.
Seen. I maintain now, as always, that our sanitary board is supreme
over all questions of sanitary care, be they maritime or internal;
and I entertain the hope that my honorable colleagues will yet come
to the same conclusion.
JESSE McMATH.
Seen and approved.
DIOSDADO.
Seen and approved for my conclusions definitely adopted.
AYME D’AQUIN.
Seen and approved.
W. KIRBY GREEN, For the British
Minister.
Seen. I now approve, as I always have done, the opinion of our
honorable colleague of the United States; yet, for the public good,
I have agreed to separate the powers and duties of our sanitary
board. Before signing it, however, I must put one question to our
honorable dean. I will begin by declaring that I am pleased that the
public hygiene on land is intrusted to the direction of the French
minister, who has my whole sympathy as an individual as well as the
representative of a government that I honor in the highest degree;
but, as a representative of Italy, I must ask him if the title of
dean comprises the rank held by the representative or otherwise. If
the diplomatic representatives only can hold the place of dean, then
only the representatives of Spain, France, and Great Britain can
preside over the representative meetings of foreign powers in
Morocco, and I cannot agree to that.
To remove all present doubt, and to prevent the establishment of a
precedent insulting to Italy, I ask our honorable president if he
will agree that the title of dean be hereafter given, without
distinction of grade, to the oldest representative, beginning to-day
with the representative of the imperial government.
CASTELLINARD.
I will delay the expression of my opinion about the power of our
board till we have passed through the present sanitary crisis. My
whole effort now is to preserve this city and the country from an
invasion of the cholera; I am willing to resort to any means.
JOSÉ DANIEL COLAÇO.
Seen and approved for the second and last time. I await the decision
of the French minister.
ERNEST DELUIN.
Seen only, as I have already approved.
DIOSDADO.
Seen and signed.
JESSE H. McMATH.
[Page 167]
I confess that I take up the pen very unwillingly on a subject that
ought to have been settled by the present circular, or by the
resolutions already adopted by the foreign representatives. The
Italian agent and the consul general of Portugal agree in opinion
with the consul general of the United States, that the board of
health ought to be limited to its original duties, notwithstanding
its assent to the new state of affairs adopted in March last. I
will, therefore, leave untouched a question which I consider
settled.
Though this is not the place to answer certain interrogatories
propounded to me, I will merely say to the Italian agent that I have
never accepted, as my colleagues know, any direction in the land hygiene. By request I expressed our
views to the local authorities, declaring solemnly at the time that
I assumed no responsibility for the execution of the requests. I,
therefore, politely refuse the responsibility which Count
Castelli-nard wishes me to assume.
In reply to the question of the Italian agent, as dean of the corps,
I refer him to the treaty of Vienna, which settled the question of
precedence. If Count Castellinard will take the trouble to read that
international treaty, I think he will be convinced of the legality
of the precedents established at Tangier, which he believes so
insulting to Italy. If he cannot accept that decision nor the
regulations adopted by the treaty, I must inform him that I do not
consider it my place to discuss the matter, and much less my duty to
institute reforms on the subject.
In conclusion, I must say to the consul general of Portugal, who
declares, in allusion to the accord recently adopted by us, that all means are lawful, under present
circumstances, that I do not accept, as dean, the character
which he gives to the accord. I shall always be ready to consider
the ideas of my colleagues when referred to me; but I am not pleased
to know that the accord of one of them was compulsory.
AYMÉ D’AQUIN.
I am satisfied with the explanations given by the minister of France
to the interrogatories put to him by the consul general of
Italy.
W. KIRBY GREEN, For the British
Minister.
Considered. As I am acquainted with the resolutions of the
international treaty of the 19th of March, 1819, I submitted the
remarks which I made to our dean, and which he has answered. Though
now torn in pieces, the treaty of Vienna is very precise on the
subject of precedence of diplomatic employés. They are arranged in
three classes; in the third paragraph of Article 1, it says the
second class shall be composed of envoys,
ministers, or other persons accredited to sovereigns. I
will not dispute the grade of any one; but, as the representative of
Italy in Morocco, I believe it my duty to claim the right of
president of the light-house board, or of the board of health, as
the case may be, or as dean of the diplomatic corps, under
circumstances like the present, and will not consent that Italy,
whose representative is equal to any others here, shall descend to
an inferior position. As I answered last, my turn may never come
round, yet I defend the principle because I believe it my duty to do
so. I should have said this much before had I foreseen the
complication. I beg the honorable dean to pardon me, and ask him to
apply the old axiom, “better late than never.”
CASTELLINARD.
As I put no question to our honorable dean, the minister of France, I
cannot accept his observations. I sided with the majority when the
question of the local police came up; but, finding a great
difference between police regulations and public health, I say the
latter deserves the deep consideration of our board, whether on land
or sea, particularly when we are threatened by an epidemic. The late
accord was effected in a spirit of conciliation; because, as a
sanitary board, we have no jurisdiction in the case. I am pleased to
say that I agreed with the majority, because I thought I was doing
good thereby. I would have acceded to any agreement proposed by the
representatives to secure the public health of our city against the
scourge now raging in so many other parts of Morocco. For that
reason I said I would agree to any means to effect that end; and the
same was said by the English minister, as shown in another portion
of this long circular.
JOSÉ DANIEL COLAÇO.
As the question brought up by our colleague of Italy is irrelevant, I
move that this circular be closed, with the privilege of further
discussion if called for.
ERNEST DELUIN.
Having read the preceding, I declare that I do not wish to dispute a
point settled by the treaty of Vienna.
DIOSDADO.
Previous to the treaty of Vienna, the uncertainty of the forms that
regulated the intercourse between members of the diplomatic corps
led to frequent and serious difficulties, [Page 168] and sometimes to wars. This treaty extirpated
all these difficulties, as far as questions of precedence were
concerned, and these had ever been found the most serious. It
declared that every question of that nature should be settled by the rule of time. He who had been longest at
a court or government is to be first. The
relative power of the nation he represents is to count nothing. This
is a rule satisfactory to small states, and it is to the praise of
large ones that they established it. It applies to all intercourse
where competition can arise, whether of business or ceremony. Hence the
member of the corps last arriving pays the first
visit. The rule does not overleap classes; it applies only to those of the same class. Now my honorable colleague of France, in
responding to the inquiry of my honorable colleague of Italy, said
“that he could give to him no better explanations than those derived
from the treaty of Vienna, which has established the rules of
precedence.” While this reply may be satisfactory to my honorable
colleague of Italy, it falls short of carrying with it the
conviction to my mind that my honorable colleague of France is the
dean of the diplomatic corps in Tangier, and entitled to precedence.
I claim he is not the dean.
I shall now quote that part of the treaty which is relevant to the
position which I maintain on this subject:
“Article 1. Diplomatic agents are divided
into three classes:
“First class.—Ambassadors, legates or
nuncios.
“Second class.—Envoys, ministers, and other agents accredited by the
sovereigns.
“Third class.—Chargé d’affaires accredited by
the department of foreign relations.
“Article 4. Diplomatic agents of the respective classes (1, 2, 3) take rank
according to the date of the official notice
of their arrival.”
There are no representatives in Tangier belonging to the first class above recited. Each
representative in Tangier, no matter what his title may be, belongs to the second
class above recited; that is, if when he came here to
reside in an official capacity, he brought with him a letter of
credence from his sovereign, addressed to his Majesty the Sultan of
Morocco. I am not aware that we have in our midst any representative
of the third class above recited. It
therefore remains to apply the rule of the
treaty to the fact. The rule of the treaty
is time. He who has been longest at a
court of government is to be first at that
court of government. The member of the corps last arriving pays the first visit. We (the accredited agents)
are of the same class, (second class,) and
take rank according to the date of the official
notice of our arrived. Let me suggest a fact within the
knowledge of all my colleagues, except the agent and consul general
of Italy. On the arrival of our honorable colleague of France, he
made us the first visit. It follows, then,
that he has not been longest in our midst, but it does follow that
every one of my colleagues, including myself, except my honorable
colleague of Italy, have been accredited by our respective
sovereigns to his Majesty the Sultan of Morocco, previous to the
arrival of my honorable colleague of France. In what sense, then, is
he entitled to precedence over the minister resident of Great
Britain, the consul general of Sweden, the consul general of
Portugal, the consul general of Belgium, the envoy extraordinary and
minister plenipotentiary of Spain, and the consul general of the
United States? I hope each one of my honorable colleagues above
named will give his individual opinion on this question, and let us
all understand on what principle the second in juniority can be
admitted to be the dean. If title regulated
this question, there can be no doubt that Mr. Merry would take precedence over all of us; but by the terms of the treaty we all belong to the
second class of representatives, and are
on a perfect equality, except as to the question of seniority; the
deanship and his higher title of envoy extraordinary and minister
plenipotentiary is regulated by time in the same manner as is the
title of other accredited agents. Now, as
time and not title
regulates the question of precedence by explicit terms of the
treaty, I suggest to all my honorable colleagues that a meeting be
held some time this week to determine who is our dean; and in order
to avoid for the present the question of seniority, I suggest that
we shall meet at the residence of the junior member of the
diplomatic corps, our honorable colleague of Italy.
In conclusion, I have the honor to say that I entertain for my
honorable colleague of France, as a gentleman and representative,
the highest degree of respect and esteem. I admire and acknowledge
the great interest he has always manifested in the preservation and
protection of the public health, and for the many sage opinions
expressed by him, from time to time, in circulars submitted to him
and my honorable colleagues. I will go further and say that it has
always pained me to be compelled to differ from him on any question
of public interest, and in an especial manner does it grieve me to
differ from him on the question of seniority raised by our honorable
colleague of Italy; and I must declare with perfect frankness, if
that question did not affect the dignity of the representative of
the United States in Morocco, I would have remained silent; but from
my reading and interpretation of the treaty of Vienna, I cannot
accord to him the title of doyen, nor can I admit that he is
entitled to that distinction. I pray him, however, to have the
goodness to pass the circular another time.
JESSE H. McMATH.
[Page 169]
I do not desire to continue a polemic in this circular upon a subject
which does not concern sanitary matters, but I hope the perusal of
my honorable colleagues of Italy and the United States of the
accompanying printed paper will satisfy them that ministers
plenipotentiary take precedence of other
agents accredited to sovereigns, and that the latter are
not included in the second class.
(Here the British minister resident quotes in a printed paper the
treaty of Vienna, of June 9, 1815, and the protocol of
Aix-la-Chapelle of 21st November, 1818.)
By the protocol of 21st November, 1818, it will be observed that
ministers resident form an intermediate class between ministers
plenipotentiary and chargé d’affaires. If other agents accredited to
a sovereign belong to the second class, then I, as minister
resident, would have to give precedence to a consul general
accredited to the Sultan, who might arrive to-day, though I
presented my letters of credence as agent and consul general in
1845, and as minister resident in June, 1860.
Having been instructed by the British government many years past to
be guided by the treaty of Vienna in all questions of precedence
with-my colleagues, I must clearly declare that though I am the
representative who holds letters of credence to the Sultan of
earlier date than any one of my colleagues, I cannot claim the
position of doyen as long as there is a representative here who
bears the rank of minister plenipotentiary.
Though I should be most happy to meet the wishes of my honorable
colleague of the United States, and attend a meeting as he proposes,
I think, after the above explanation and declaration, my presence at
least would not be required.
J. H. DRUMMOND HAY.
Since the present circular does not concern the duties of the board
of health since the 4th of March last, I propose that it be detached
and sent to our honorable dean. I have carefully read Sir Drummond
Hay’s remarks, and must say, that I think*the provisions of the
protocol of Aix-la-Chapelle, of the 21st November, 1818, in relation
to his diplomatic rank, do not affect the position accorded to me
and my colleagues in Morocco by the treaty of Vienna. I must here
repeat, that in the third paragraph of article first of said treaty,
it is explicitly declared that the second class of diplomatic
employ6s is composed of envoys, ministers, and others accredited to
sovereigns. Now I am accredited by my august sovereign to his
Majesty the Sultan, and consequently belong to the second class of
diplomatic employé’s in Morocco. If I am not mistaken, article
fourth of the same treaty confirms what I have advanced. Sere is the
first section of that article: “Diplomatic employé’s shall take rank
among themselves in each class according to the date of the official
notification of their arrival.” Neither in this article, nor in the
first, is there any mention of grades; only
the elass is mentioned, and it is that class
of diplomatic employés in Morocco to which I belong, by virtue of my
letters of credence.
As I am not decorated with the title of minister resident, I cannot
claim to belong to the third class reserved for that diplomatic
grade; yet I never had the most remote idea of disputing the right
of my honorable British colleague to belong to the second class, by
virtue of his letters of credence to Morocco.
The British regulations of precedence among consuls is generally
adopted by all the Christian powers, because there are diplomatic
employé’s accredited to those nations, and they must have
precedence, while consuls are only provided with an exequatur. Here my letters of credence as
only representative of my august sovereign are accepted, and
therefore I belong to the second class of diplomatic employé’s, by
article first of the treaty of Vienna.
As I recognize the title of dean conferred upon our honorable
colleague of France, not only in deference to his high grade but to
his qualifications, I must decline the honor of seniority put upon
me by the representative of the United States, because I regard it
as already settled to the satisfaction of all, even of our honorable
colleague, Mr. McMath.
My sole object in expressing this opinion is to show that the
representative of Italy, by virtue of the treaty of Vienna, will
have the same right to the title of dean of the diplomatic corps as
any other representative.
CASTELLINARD.
The government of Morocco regards us as equals, without reference to
the treaty of Vienna, and any partial discrimination would be an
insult to the crowned heads which we represent; and I protest, in
the name of my sovereign, against any discrimination.
Now, in reference to our diplomatic acts, in which precedence is
discussed, I must adhere to the regulations of rank among diplomatic
agents, (17th annex to the final act of the congress of Vienna,)
signed by Count Palmella for Portugal, unless different instructions
are given to me by my government. However, if the meeting of my
honorable colleagues takes place, I will certainly attend, to try to
settle the question mooted in the circular.
JOSÉ DANIEL COLAÇO.
[Page 170]
I agree with the chargé d’affaires of Spain that it is not our
business to discuss, or even interpret the regulations of the
congress of Vienna, fixing the rank of diplomatic agents accredited
to the same court. In my opinion, the question amounts to this: can
consuls general and ministers accredited to the Emperor of Morocco
pretend to belong to the second class of diplomatic employés,
comprised under the denomination of envoys, ministers, or others
accredited to sovereigns?
The words, “ministers or others,” in the regulations of the congress
of Vienna, seems to put our colleague of Italy in the right; yet the
congress of Aix-la-Chapelle clearly establishes the contrary, in
saying that ministers resident, accredited like other envoys to
sovereigns, are not considered as forming a part of the second
class.
The case of agents accredited to sovereigns in certain countries
outside of Europe, with the simple grade of consul general, was
certainly not provided for by the plenipotentiaries of the treaty of
Vienna, nor by the signers of the supplementary act of
Aix-la-Chapelle; and if those personages had condescended to notice
emploèys of that rank, they would have put them in a class between
ministers resident and chargé d’affaires; for they could not be put
above ministers resident nor below chargés, who are not accredited
to sovereigns in Europe, but to ministers of foreign affairs.
Until it is decided by proper authority what relations consuls
general in Morocco shall bear to the other envoys there, I have
determined to be neither flesh nor fish. I will, however, attend the
meeting proposed by our colleague from the United States, if only to
relieve us from the circulomania that is now
inflicting us.
ERNEST DELUIN.
The president has the honor to say to the French minister, that the
circular, beginning with a demand for the pay of the Morocco guards
stationed at the port of Tangier, and ending with a discussion about
the regulations of the congress of Vienna, has just reached him. The
president is not to blame because it skipped from North America to
England, without passing through France.
The president now sends the said circular to the French minister,
with the request that he keep it or circulate it, just as he
pleases; as it does not concern the board of health, the president
does not know what to do with it.
The president has the honor to inform the French minister that the
circular in question was officially asked for by the consul general
of Sweden and Norway. The President sent an official answer to the
said consul general, informing him that the circular would be sent
to him.
The French minister is, therefore, politely requested to hand it
over.
DIOSDADO.
I have nothing to add to this polemic, except to say, that, as my
grade of French minister plenipotentiary comes to me from the
Emperor, I leave it to his government to decide if I am dean of the
diplomatic consular corps at Tangier. It will also decide the
dispute with the agent and consul general of Italy. In the mean
time, I concede to none the right to dispute my prerogatives, and,
until it is otherwise decided, I shall know how to make them
respected.
Now, gentlemen, allow me to add, that some of us are mistaken in
affirming the equality of our grades. I think proper to inform you
that those of us who are neither ministers nor chargé d’affaires, or
agents, do not belong to the diplomatic body, but to the consular
corps. The first of these two classes has generally the good taste
not to make the second feel this distinction. For my part, I think I
have always observed this rule, so as not to wound my true
colleagues, and I give them all the same title. Hereafter I shall
give to each his proper title. I do not mean by this to give
offense, but I wish thus to determine the rank of each of us, in
consideration of the singular question that has been put to me. I
will inform the consul general of Portugal that he is mistaken in
the equality he asserts. In all public ceremonies in Morocco, our
grades are perfectly observed, and I will never allow it to be
otherwise, as far as I am concerned. At the scheriff receptions and
private audiences of the Sultan, foreign ministers have the
privilege of taking seats, while consuls general of the Christian
powers are obliged to stand in presence of his Majesty when seated
on his throne. Does that signify that the nation of the agents who
are not ministers is lessened in consideration? Most certainly
not!
I have nothing more to say except that my opinion is fixed, and if it
is not concurred in by my colleagues, they need not try to make me
change it. I concede them no right to discuss the question, and if
my diplomatic prerogatives are again contested, I shall appeal to my
government, without saying anything more here.
In reference to the president’s request to keep this circular, I
cannot comply with it. As it began with business concerning the
presidency, it ought to go back to his archives. I will, however,
send it to the consul general of Sweden and Norway, with the request
that it be sent to the British legation, so that it may go round and
be discussed by all. I will have nothing more to do with it.
AYMÉ D’AQUIN.
[Page 171]
Postscript,
July 25.—At a meeting held to-day the chargé
d’affaires of Spain and the consul general of the United States, and
of Sweden and Norway, asked for my opinion on the second part of the
circular, and I told them I would retract nothing of what I had
said.
A. D’A.
As the minister of France has no right to discuss and degrade the
official position accorded to us by our respective governments, I
can attach no importance to his personal opinion, since it has met
with no response even from those whom he terms his true
colleagues.
As the minister of France is alone in his unprovoked attacks,
particularly hard on me, who never contested his prerogative in
matters of etiquette against the representatives of Sweden and
Norway, of Portugal, Belgium and the United States of America, it is
beneath my dignity to refer the subject to my government.
It may be proper, however, to notice the schism of yesterday, which
must operate to the detriment of civilization in Tangier. The fact
has unfortunately transpired, and volumes of circulars could not
reconcile us to the French minister’s opinion. Having declared that
he would meet none of us officially at our own houses, he cannot be
offended if we do not meet him officially in his, though our
respective countrymen may suffer by the determination.
During the twenty years that I have lived in this country, the
foreign representatives have always discussed and solved, under
their different titles, (which I have ever respected,) in perfect
equality, all questions of health, hygiene, and public order, which
the exceptional situation of Morocco called upon us to solve for the
general good of our countrymen and protegés. Yes, this inconvenient
equality is inscribed here in all our intercourse with the
authorities of Morocco; it was so in the old consular corps as it is
now in the health board, and was in the recent convention for the
Spartel light-house. So then, if the representative of France, or
any other power, seats himself in the Sultan’s presence, the consul
general of Sweden and Norway, as the representative of the united
kingdoms, will also seat himself in the Sultan’s presence. Again,
there is no question here about European courts and civilized
countries, and the Sultan of Morocco did not sign the final act of
the Vienna congress, nor the protocol of Aix-la-Chapelle.
Only yesterday the French minister acknowledged, in presence of all
the foreign representatives, that a consul general in Europe, an
unpaid commercial agent, even a merchant at times, under the order
of the legation at the capital, held the same position as a consul
general chief of a mission, accredited and representing his
sovereign near a foreign sovereign.
In fact, we ought all to be pleased because the French minister is
going to refer this matter to the imperial government.
I will not close without thanking the French minister for calling us
his dear colleagues, at the risk of wounding
his true colleagues.
We must be satisfied hereafter to be called simply consuls general;
but we must not forget to maintain our rights.
S. EHRENHOFF.
Countersigned:
J. H. Drummond Hay.
I am truly sorry for our dispute about the question I addressed to
the French minister in this circular, on the 15th instant, styling
him dean. But the honorable Baron Ayme d’Aquin’s declarations show I
was right in asking the question, as he assumes the sole right to
preside over the corps of foreign representatives in Morocco, as
minister plenipotentiary, and to make known our determinations to
the Sultan’s vizier for the public good.
This doctrine being contrary to all precedent in Tangier, and of a
nature to give to the local athorities a false idea of the rank of
our respective nations, I here declare that I do not accept it.
I for one do not contest the honorable gentleman’s rank; but my
opinion is, that he errs in wishing to regard the representatives of
the other powers in Morocco as if they were in France, or at courts
that did not sign the treaty of Vienna.
Although consuls are generally considered as diplomatic agents, they
do not rank with ministers at civilized courts, simply because they have no letters of credence; yet
consuls to the Barbary States, particularly to Morocco, an
independent nation, are exceptions to this rule, because they are
accredited and treated as. ministers. (See Diplomacy, by Thomas
Hartwell.)
With these principles, and as the questions are entirely foreign to
etiquette, I am ready to continue to attend the meetings of the
corps of foreign representatives at the French minister’s, whenever
he will do me the honor to invite me; but at the same time I insist
upon the same rules for the meetings of the board of health that
have been held up to this date, and that they be fixed every six
months, alternately presided over by the persons at whose house they
take place.
CASTELLINARD.
[Page 172]
It was my intention merely to write approved
upon all that is found in this voluminous circular, which serves to
show us that the cholera is not at present in our city; had the
cholera prevailed, I am sure we would have had neither time nor
inclination to busy ourselves about such a useless discussion.
But as the French minister has addressed me again, to say that I am
mistaken in the equality to which I lay claim, with remarks on other
public ceremonies in Morocco, I deem it my duty to reply to him, and
inform him that I know the difference between a consul general and a
minister plenipotentiary.
Now, the sovereign of Morocco did not sign the final act of the
congress of Vienna, nor the protocol of Aix-la-Chapelle, as our
colleague of Sweden and Norway remarks. He did not adopt the
principles there laid down, because he is not in the community of
civilized nations, and God knows if he ever will be. If we turn to
this country we will perceive changes coming over it. Morocco has no
representatives in civilized communities, while various Christian
powers are represented here; and though we bear different titles, we
are equal before the Sultan and his government, and I will never
consent to be treated as inferior to the French minister, or any
other agent here. I do not aspire to a higher title than I possess,
but knowing as I do that nobody here comprehends the treaty of
Vienna, the treatment of the government towards us gives the people
an idea of the inequality of position of our respective governments.
Moreover, I think the Christian powers have no definite decision on
ceremonies for their ministers and consuls in Morocco. The public
audience takes place, as we all know, at the sheriff’s court; the
Sultan is mounted on a horse that looks like his throne, and the
envoy, minister, or consul stands before the sovereign. In private
audiences the envoy or minister may be seated in his Majesty’s
presence, but the consul, as representative of his sovereign, may
demand the same privilege.
The Moors know no difference in diplomatic ranks, and every agent,
whether minister plenipotentiary, minister resident, or chargé
d’affaires, is embassador (bachador) to them. In their opinion, all
diplomatic agents belong to the first class, as fixed by the treaty
of Vienna.
The French minister proposes to give us hereafter our proper titles.
He can do as he pleases in that particular; I see nothing insulting
to us in it. I am only consul general, and he is minister
plenipotentiary, as we all know. Each of us are heads of missions. I
depend upon the minister of foreign affairs at Lisbon; am under no
diplomatic chief here; and the French minister has a similar
subordination to the minister of foreign affairs in Paris.
By virtue of our analogous positions, the French minister used to
treat me as a colleague, as he did all the consuls general, and the
Spanish and British ministers treated me in the same manner.
JOSÉ DANIEL COLAÇO.
As my honorable colleagues of the consular corps have exhausted the
subject, I can say nothing, except that I have never contested the
prerogatives belonging to the rank which the French minister
holds.
ERNEST DELUIN.
Approved for the Spanish chargé d’affaires, and signed for him,
by
P. ORTIZ DE TUGASTI.
“Consular privileges are much less extensive in Christian than in
Mohammedan countries. In the latter, they are diplomatic agents
under the name of consuls. They alone are accredited and treated as
ministers.” This is the opinion of Wheaton, Kent, Story, Leibnitz,
and other illustrious writers of America and Europe on international
law.
On the 25th ultimo Monsieur le Ministre of France declared in the
presence of all the foreign representatives in Tangier, that a
consul general—a commercial agent—in Europe, under the orders of the
legation in the capital, had identically the same position as a
consul general, chief of a mission accredited and representing his
sovereign near a foreign sovereign. It remains for Monsieur la
Ministre of France alone to differ from the above cited law writers.
For myself I adhere to their opinion.
JESSE H. McMATH.
August 6,
1868.
