Volume 14 — RANK OF DIPLOMATIC REPRESENTATIVES ABROAD.

Speeches in the Senate, on an Amendment to the Consular and Diplomatic Bill, authorizing Envoys Extraordinary and Ministers Plenipotentiary instead of Ministers Resident, May 16 and 17, 1866.

May 16th, the Senate having under consideration the bill making appropriations for the consular and diplomatic expenses for the ensuing year, Mr. Sumner moved the following amendment:—

“Provided, That an envoy extraordinary and minister plenipotentiary appointed at any place where the United States are now represented by a minister resident shall receive the compensation fixed by law and appropriated for a minister resident, and no more.”

Mr. Sumner then said:—

I should like to make a brief explanation of this amendment. It will be perceived that it comes after the appropriation for salaries of envoys extraordinary and ministers plenipotentiary and ministers resident. Its object, in one word, is to authorize the Government, in its discretion, to employ persons with the title of envoy extraordinary and minister plenipotentiary where it now employs ministers resident, but without any increase of salary. This subject has occupied the attention of the Committee on Foreign Relations for several years; it has been more than once before the Senate. The Committee were unanimous that the good of the service, especially in Europe, required this change. From authentic information it appears that our ministers at courts where they have only the title of ministers resident play a second part to gentlemen with the higher title, though representing governments which we should not consider in worldly rank on an equality with ours. They are second to them; in short, to use a familiar illustration, and simply to bring the difference home, when they call upon business or appear anywhere, they bear the same relation to the envoys extraordinary of those smaller governments that a member of the other House, calling upon the President, bears to Senators. The Senator is admitted, when the member of the other House, as we know, waits.

I hold in my hand the last Almanac of Gotha, for 1866, which is the diplomatic authority for the world, and has been for a century; and, by way of example, I turn to the diplomatic list for the Netherlands, where, it will be remembered, we are represented by a patriotic citizen, well known to most of us, who was once connected with the press,—Mr. Pike,—with the title of minister resident. According to the list, I find at this same court the Grand Duchy of Baden represented by an envoy extraordinary and minister plenipotentiary; Belgium, the adjoining country, and with a population much inferior to our own, represented by an envoy extraordinary and minister plenipotentiary; Denmark, a nation which, shorn of the two provinces of Schleswig and Holstein, has little more than a million and a half of population, represented by an envoy extraordinary and minister plenipotentiary. Spain, of course, is represented by an envoy extraordinary and minister plenipotentiary. Even the Grand Duchy of Hesse is so represented; so is the kingdom of Italy; so is the Duchy of Nassau; so is Portugal; so is Prussia; and so others. In transacting business, the American minister resident at this court is always treated as second to these representatives. I have alluded to the relations we bear to the head of the Executive Department here, as compared with members of the other House. I doubt not that Senators know there is a positive business advantage in having access promptly, and perhaps with a certain consideration which does not always attach to those of inferior rank.

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It will be observed that the proposition does not undertake to empower the President, or to direct him, to make this change; but it assumes, according to a certain theory of the Constitution, that under the Constitution it is in the discretion of the President to send ambassadors, envoys extraordinary, or ministers resident, or any other diplomatic functionary, in his discretion, Congress having only the function of supplying the means.

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Now the proposition which I have moved proceeds, in harmony with this, simply to declare, that, if the President shall undertake to appoint an envoy extraordinary and minister plenipotentiary to any court where we are now represented by a minister resident, the salary shall be only that of a minister resident. Proceeding with the theory of this Act and a certain theory of the Constitution, the President has the power already to appoint an envoy extraordinary and minister plenipotentiary to any of these courts, if in his discretion he shall see fit; but there is no salary appropriated by law. If the amendment now offered should be adopted, it would be in his discretion to change our representative from a minister resident to an envoy extraordinary, but without increase of salary; and the simple question remains, whether this enabling discretion is not proper. The President is not called upon to exercise it. There are places where he may think it better to continue the minister resident.

Mr. Fessenden. He can do it now.

Mr. Sumner. But there is no salary; the salary would not apply. The amendment is to supply the salary in such cases; that is all. I have heard it observed, that, though the President may now, under the Constitution, appoint to any place an envoy extraordinary and minister plenipotentiary, he is restrained in the exercise of that power by the want of an appropriation to support the appointment. The present proposition meets that difficulty precisely.

The amendment was opposed by Mr. Fessenden, of Maine, and Mr. Grimes, of Iowa. Mr. Sumner replied:—

I have no feeling on this question at all,—not the least; nor do I approach it as a political question. I see no individual in it. I do not see Mr. Harvey or Mr. Sanford. I see nobody here to oppose, and nobody to favor. I know nothing in it but my country and its service abroad. Sir, I think I am as sensitive as any other Senator with regard to the just influence belonging to my country as a republic great and glorious in the history of mankind. I believe that I am duly proud of it, and conscious of the weight it ought to carry wherever it appears. I know its name stands for something in the world, and that whoever represents this country on the ocean or in the diplomatic service has, alone, a great and powerful recommendation. But I also know too much of human history and too much of human nature, not to know that men everywhere are influenced more or less by the title of those who approach them.

Mr. Fessenden. Governments are not; men may be.

Mr. Sumner. But let me remind my friend that governments are composed of men. He knows well that the presence of a general on a particular service produces more certain effect and prompter result than the presence of a colonel or a major, at least under ordinary circumstances. My other friend, who represents the Naval Committee on this floor [Mr. Grimes], knows very well, that, if he sends an admiral on any service, it may be only of compliment, he produces at once a greater effect than if he sends a lieutenant.

The Senator has just induced us to send the Assistant Secretary of the Navy to Europe, because in that way he might give more éclat to a certain service. I united with him in the effort. But why not allow a clerk of the Department to carry our resolution? The Senator knew full well, if he sent the Assistant Secretary of the Navy, he should do more than if he sent a simple clerk of the Department. And therefore I am brought to the precise point, that, whatever the rank of our country in the world, and how much soever we may be entitled, at all courts where our representatives are, to the highest precedence, yet, such is human nature, our position is impaired by the title of the agent we send. I would give our agent the artificial accessories and incidents which the Law of Nations allows. I follow the Law of Nations. Why does this law authorize or sanction, and why do our Constitution and statutes, following the Law of Nations, authorize and sanction, a difference of rank, except to obtain corresponding degrees of influence? That is the theory which underlies the gradation of rank. It runs into the army; it runs into the navy; it runs into Congress; it runs into all the business of life; and the simple question is, whether now, in the diplomatic service of the country, in dealing with our foreign agents, we shall discard a principle of action followed in everything else.

The amendment was rejected,—Yeas 15, Nays 17.

May 17th, Mr. Sumner renewed his effort, by moving the amendment in the following form:—

“And be it further enacted, That the salary of any envoy extraordinary and minister plenipotentiary hereafter appointed shall be the salary of a minister resident, and nothing more, except when he is appointed to one of the countries where the United States are now represented by an envoy extraordinary and minister plenipotentiary.”

After explaining it, Mr. Sumner said, especially in reply to Mr. Grimes:—

I do not like to discuss things forever that have been discussed so often. I have said so much on this matter that I feel ashamed to add another word; and yet, as the Senator from Iowa returns to the assault, perhaps I should return to the defence.

I tried to show, last evening, that, in introducing this proposition, I was simply acting on the practice of the Government in other respects, and upon the practice of mankind generally, everywhere; and my friend from Ohio [Mr. Wade] reminds me that the argument of the Senator from Iowa, a few days ago, was one of the strongest illustrations of what I said. He induced the Senate to agree to appoint a new Assistant Secretary of the Navy, merely to allow the actual Assistant Secretary to go abroad, because his presence would enhance the service. Under his argument, yielding to its pressure, we appointed a new functionary in the Department of the Navy.

Now, if I can have the attention of the Senator from Iowa for one moment, I would put him a practical question. If he had important business, say with the mayor of New York, which he wished to present in the best way possible, I have no doubt my friend would count naturally upon his own character, and justly; he would believe that any agent sent by him to the mayor of New York would be well received. Doubtless he would be well received; yet, if there were two persons whose services he might employ, one with the rank of general and the other with the rank of colonel, but equal in abilities and in fitness, I have no doubt my friend would select the general rather than the colonel. From familiarity with human nature, he knows that the general, on arrival, would have a prompter reception than the colonel. It is useless to say, in reply, that behind the agent is the same personage. I assume all that; but I would secure for that same personage the best reception possible, and the highest facilities for his representative. I would now secure the same thing for my country, and I believe—pardon me, if I introduce my own personal testimony—but I believe, according to such opportunities of observation as I have had, now running over a considerable period of life, that the interests of the country would be promoted by this change. I believe that business would be facilitated, and opportunities of influence enhanced.

I make no allusion to topics playfully introduced into this discussion. It is a matter of comparative indifference what place a man may have at a dinner-table; but I do wish to secure facilities in business and respect for the representatives of my country to the largest degree possible.

The amendment was adopted,—Yeas 18, Nays 16.