establishments along similar lines. In the British service the lack of equipment to handle the current problems of diplomacy has been thus pointed out by Mr. George Young:

"When, as of late, some commercial work, such as concession hunting and commercial negotiation, has been required from diplomats, it has generally had to be entrusted to experts from Big Business, or the Board of Trade, with much prejudice to our interests.'

9 38

Again, it was observed by Sir Park Goff in the House of Commons:

"One reason why diplomats are at a great and serious disadvantage is that they live and move in such a narrow circle, and are therefore ignorant of current events, whereas a Consul can know everything without loss of dignity and can gain an enormous amount of valuable information." 39

Even as this page is being written there appears in the morning paper an important article from Geneva under the heading: "Warning by Briand, Economic Reasons May Bring On War," in which the former French premier, speaking before the League of Nations Assembly, emphasized the important rôle which economic considerations are destined to play in future international relations. He is quoted as stating:

"Men may say that economic wars are possible because the interests of nations may be swayed by the same considerations as the interests of selfish individuals, and that under influence of selfish interests the ideal and duty may be obscured or mutilated. To-morrow, therefore, having now settled political questions, the League of Nations must settle completely the diffi

38"Diplomacy Old and New," p. 35.

39"Parliamentary Debates, Official Report," vol. 116, p. 295.

cult economic problems. But France will be ever ready to help in their solution.'

99 40

The interests of the United States in international affairs are transcendently economic. If we are likewise to help in the solution of these problems, or even protect our interests therein, the machinery of our foreign relations must be adequately and appropriately adjusted to the task.

It is obvious that the diplomatist of the future must add to his former qualifications a type of training not heretofore considered essential in his educational curriculum. Diplomacy has struck a basis of substance, calling for the analytical rather than the synthetic faculty and stressing ability, as in an applied science, rather than talent, as in a subtle art."

The hope of developing a new type of foreign representative to meet these important demands lies in combining in a single officer the complementary advantages of the diplomatic and of the consular experience and in broadening the training afforded by these to the limits of dependable vision.

Bibliography.

Borchard, Edwin M.: "The Diplomatic Protection of Citizens Abroad"; Banks Law Pub. Co., New York, 1915.

Bernard, Mountague: "Lectures on Diplomacy"; Macmillan, New York, 1922.

40 The Washington Post, October 2, 1924.

41"During recent years our Consular Service has been greatly improved and reflects credit upon our Nation, but there is room for further improvement. I advocate, in the selection of Consuls, that due consideration be given to their qualifications for future service in the Diplomatic Corps, so ambassadors be chosen from men who have attained distinction in the Consular Service. We need business men and men of affairs rather than parlor-knights in our diplomatic service."-Honorable John Hays Hammond, "The Issues of 1916," published in The Forum for July, 1916.

Bryce, James (Viscount): "International Relations"; Macmillan, New York, 1922.

Foster, John Watson: "The Practice of Diplomacy as Illustrated in the Foreign Relations of the U. S."; Houghton, Mifflin & Co., Boston, 1906.

Hart, Albert Bushnell: "The Foundations of American Foreign Policy"; New York, 1901.

Heatley, David Playfair: "Diplomacy and the Study of International Relations"; Oxford, Clarendon Press, 1919.

Hyde, Charles Cheney: "International Law"; Little, Brown & Co., Boston, 1922.

Johnston, Sir Harry: "Common Sense in Foreign Policy"; London, 1913.

Munz, Sigmund: "Our Diplomats"; Contemporary Review, March,

1922.

Moore, John Bassett: "Principles of American Diplomacy"; New York, 1918.

Moore, John Bassett: "Digest of International Law" (vol. IV); Government Printing Office, Washington, 1906.

Poole, DeWitt C.: "The Conduct of Foreign Relations Under Modern Democratic Conditions"; Yale University Press, New Haven, Conn., 1924.

Satow, Sir Ernest Mason: "A Guide to Diplomatic Practice"; Longmans Green & Co., New York, 1917.

Thayer, William Roscoe: "The Life of John Hay"; Houghton, Mifflin Co., Boston, 1915.

Woolsey, Theodore Salisbury: "America's Foreign Policy: Essays and Addresses"; New York, 1898, Century Co.

CHAPTER V

THE CONSULAR SERVICE

A branch of the Foreign Service.-The Consular Service forms, with the Diplomatic Service, what is known under the statutes as the "Foreign Service of the United States." The two are coordinate branches of a single Foreign Service, operating under the immediate direction of the Secretary of State. Together they afford those faculties of perception, of observation and of speech which give to the Department of State, and through it, to the President, the power of intelligent decision and of action in matters involving American interests at places remote from our own frontiers.

Historical sketch. The origin of consular functions antedates the development of diplomatic intercourse.

"Early in the history of commerce it became necessary for commercial states to establish a jurisdiction over seamen, vessels, and merchandise. And as the operations of commerce in foreign ports might involve national interests, as well as the individual interests of merchants and seamen, it became equally necessary that this jurisdiction should be exercised by a national agent. Hence we find among the commercial states of antiquity commercial magistrates with functions similar to those vested in the consuls of modern times, though much more extensive. ***

"During the Middle Ages consuls were quasi-public ministers, who watched over the interests of their countrymen, deciding their disputes, protecting their com

merce, and exercising large judicial and commercial powers, independent of the local law.'

When public ministers, in name and in fact, came to be established, the consular office lost its representative character, and with it much of its former dignity and importance. The growth of world commerce and the intensification of international relations in our own time have had the effect of broadening again the scope of consular functions by placing upon these representatives numerous duties of an entirely modern character. Nature of the consular office.-Modern consular officers are commercial, or business, representatives of their country, stationed at foreign capitals and at important ports and trade centers, or at other points where the national interests require the support or the protection of the government.

Consular offices, as has been seen, exist "under the law and usages of nations"; therefore, under international law, and under the Constitution." They are not created by act of Congress, nor by the President.

Recognizing the international character of consular functions, the first law enacted in the United States, establishing the powers and duties of consuls, expressly provided:

"That the specification of certain powers and duties, in this act, to be exercised or performed by the consuls and vice consuls of the United States, shall not be construed to the exclusion of others, resulting from the nature of their appointments, or any treaty or convention under which they may act.'

Consuls are not public ministers.-The Constitution, in expressly enumerating "consuls," apart from "ambassa1U. S. Consular Regulations (1896), pp. 1-2.

*See page 100.

зAct of April 14, 1792, Sec. 9, 1 Stat., 257.