Mr. Conger to Mr.
Hay.
Legation of the United States,
Peking, February 21,
1903.
No. 1219.]
Sir: I have the honor to inclose copies of
correspondence with Consul Fowler, of Chefoo, concerning the right of
certain consular officers (being resident merchants or professional men)
to take part in the deliberations of those who are in the regular
consular service. Respectfully requesting your opinion upon the
question,
I have, etc.,
[Inclosure 1.]
Mr. Fowler to
Mr. Conger.
Consulate of the United States,
Cheefoo, February 13, 1903.
No. 529.]
Sir: There has grown up a practice in this
port of appointing consuls, vice-consuls, etc., without any
interests to safeguard, and of late myself and my professional
colleagues do not view this with equanimity; in fact, I, as senior,
have been repeatedly asked why I allowed these commercial consuls to
attend our consular meetings.
In Chefoo there are the British, Japanese, German, and United States
consuls, French and Russian vice-consuls, who are not engaged in
other occupations, but confine themselves exclusively to consular
duties. Of these I am the senior. We claim that the above six
constitute the consular body now, and such consuls that other
nations may send here who are likewise excluded from commercial
pursuits; but besides the above, there are the Netherlands consul,
Norwegian and Swedish consul, and the Austro-Hungarian
vice-consul.
[Page 83]
The Netherlands consul is a German merchant—the only Dutchman here
keeps a small dairy farm and a hotel.
The Norwegian vice-consul is an employee of the custom-house as
medical officer; he is the practicing physician of the port.
The Austrian vice-consul is an Austrian in the employ of Chinese
vineyard men * * * We do not think it right that any but
professional consuls should constitute the consular body in
exterritorial countries, and particularly in Chefoo, and I write to
ask you if you think I and my professional colleagues will be
justified in refusing to allow these honorary consuls to attend our
meetings or participate in our discussions, and thus get information
which they would not otherwise have.
Your opinion upon this point is respectfully solicited. I may add
that so far we have not discussed this matter with them in any
meetings, as we wish to know how we stand before doing so.
I have, etc.,
[Inclosure 2.]
Mr. Conger to
Mr. Fowler,
Legation of the United States,
Peking, February 18, 1903.
Sir: I have received your No. 529, of the
13th instant, reporting that certain countries with apparently small
interests in China are represented at Chefoo by consuls or
vice-consuls who are at the same time engaged in other professional
or business capacities, and inquiring whether or not “I and my
professional colleagues will be justified in refusing to allow these
honorary consuls to attend our meetings or participate in our
discussions, and thus get information which they would not otherwise
have.”
My personal opinion is that, upon the case stated, you would not be
justified in so doing. The magnitude of one country’s interests can
not be a measure of its right to consular representation in another.
Some governments give most careful attention to even the smallest
interests of their citizens in foreign countries, while others are
moved only by the larger affairs of their nationals.
The question of making consuls out of merchants and professional men
resident in a country is one of doubtful propriety, and to which
serious objections may be made. It is a matter against which their
competitors in business, through proper channels, might protest,
either to the governments making the appointments or to the
governments granting the necessary exequaturs; but having been once
duly appointed and formally clothed with the customary exequatur, I
apprehend they must be allowed full opportunity to look after the
interests of their nationals, whether large or small.
It is not the usual custom of the United States to appoint as consuls
men engaged in any kind of business at the place of their residence,
but it frequently happens that during the absence of regular
consuls, vice-consuls who are engaged in other capacities are left
in charge, and while so employed enjoy all the rights and perform
all the functions of regular consuls. This is also done by many
other governments, and as long as this practice prevails I scarcely
believe you could successfully rule out the officials named from
full participation in all consular functions.
Very respectfully, yours,
