Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1877

No. 303.
Mr. Adee to Mr. Evarts.

Legation of the United States,
Madrid, July 26, 1877. (Received August 9.)

No. 625.]

Sir: Your instruction No. 559, in relation to the question of the office-hours of the United States consulate at Malaga, being called forth by a specific inquiry on the part of Messrs. W. O. Bevan & Co., of that place, seemed to me to require some communication to these gentlemen of the views of the Department in the matter.

There is something to be said on both sides of the question. While it is undoubtedly most desirable that everything which is reasonably practicable should be conceded to shippers, in the interest of the growing trade between Malaga and the United States, yet it is not to be overlooked that the exigencies of the merchants of that port might, if fully acceded to, impose a heavy burden on the consulate. It is not merely a question of the brief extension of the working-hours of the consul beyond the usual limits. The ocean-going steamers in the American trade generally touch at Malaga for a single day only, and if there is much cargo awaiting shipment their departure takes place late at night on a favorable tide, operations of lading continuing until long past midnight in many instances. Even under the present arrangement the time of the consul between the usual hour of closing and the departure of the steamer is fully occupied with the necessary business of advising the collector of the port of destination and filling up the accompanying papers, and it is easy to see the additional strain which would be entailed upon the consul if it should come to be understood -among shippers that they have only their own convenience to consult in leaving the authentication of their invoices to be performed at the last moment.

In communicating to Messrs. Bevan & Co. the opinion of the Department, it has seemed to me to be advisable, therefore, to leave the utmost possible latitude of decision in favor of the consul, which I have endeavored to do, as will be seen from the annexed copy of my letter. I venture, in conclusion, to suggest the expediency of a specific instruction to Consul Quarles, in termination of this incident, to the effect that a brief but fixed extension of office-hours be allowed upon steamer-days, and that, those hours being past, no further public business shall be transacted, except in the special case of the revision of an invoice before departure of the vessel, should it appear that goods already duly invoiced are unavoidably crowded out by want of stowage-room. To prevent abuse of this privilege, an extra fee might be fixed for the service.

I have, &c.,

A. AUGUSTUS ADEE.

[Inclosure.]

Mr. Adee to Messrs. W. C. Bevan & Co.

Legation of the United States.
Madrid, July 24, 1877.

Sir: Referring to my letter to you of the 1st ultimo, I have now the honor to inform you that I have received the expected instructions of the honorable Secretary of State concerning the subject-matter of your letter to me of the 28th of May last.

The Department of State is disposed to regard your inquiry as more or less directly bearing upon the question of the hours during which the consulate is to be kept open for the transaction of business; and it has, therefore, been deemed advisable to bring the matter to the attention of Mr. John F. Quarles, the newly-appointed consul of the United States at Malaga, prior to his departure for his post,’ in order that he may be guided by the views of the Department in the premises. Mr. Quarles has accordingly been instructed that he is to conform to the seventy-second paragraph of the consular regulations, and keep open the consulate daily during the usual business hours observed at Malaga; but, should it be especially necessary, during the vintage or busy season for the convenience of business or the interest of commerce, to occasionally extend the office-hours of the consulate the Department is of the opinion that it should be done,, even to the inconvenience of the consul.

Mr. Quarles will, however, be expected to investigate the point for himself on reaching his post, and to acquaint himself with the usages and customs prevailing at Malaga with regard to the hours of consular business; and the Department prefers not to-give him any definite instructions on the subject in advance. The matter will be left to his discretion, in the belief that he will be enabled to judge correctly how far it may be desirable to accommodate the merchants who export goods to the United States, and that he will decide the question to the satisfaction of those who have official business transactions with him as well as to that of the Department.

I am, &c.,

A. AUGUSTUS ADEE,
United States Chargé d’Affaires.

Messrs. W. C. Bevan & Co., Malaga.