on examination, and then promoting and transferring them according to the needs of the service; and eventually this policy must prevail, for the development of American commerce abroad is much impeded by a service which contains many good and conscientious men, but which neither promotes nor keeps in office those who have proved their competence.

The 300 consuls and 30 consuls-general are all subject to the general rule of international law that no functions can be exercised until the " is received, exequatur that is, the official recognition of the government to which they are accredited; and both in the United States and in foreign countries the exequatur is sometimes revoked, and the consul is thus cut off from all official action. A famous instance was the withdrawal of the exequatur of the French consul at Boston in 1793. Consuls are not entitled to the immunities of diplomatic representatives; they may be sued for ordinary debts, although by treaty many countries agree that they shall not be subject to civil arrest or to the seizure of archives.

The official functions of consuls are as follows: -(1) They have commercial duties, pertaining to the movement of trade between the two countries: for instance, they certify invoices of merchandise exported to the United States, and look after American sailors who are ill or stranded in foreign ports. Consuls also act as notaries for the registration of various legal papers; and they make periodical reports on the trade of the country in which they live, with especial reference to commerce with the United States. These reports may be on any subject which seems significant, and considerable extracts from them are published in the official serial known as Consular Reports. A consul at Three Rivers, Canada, who in 1891 introduced into his report some criticisms of the people of the place, saw his opinions printed in full, with the result that he was shortly transferred from his post.

(2) Consuls have several judicial functions: they investigate difficulties or crimes that have occurred in American

ships on the high seas; and they may hold a kind of court to examine charges of cruelty. In many partly-civilized countries, especially in Asia and the Turkish dominions, where Americans have no confidence in the local courts, consuls act as judges in cases involving two Americans or an American and a native. Such courts may actually condemn citizens of the United States to death for crimes committed in foreign countries, if the minister approves of the conviction. Similar powers are exercised in such countries by consuls of other foreign countries; but they have more distinctly defined jurisdictions, with opportunities for appeal to their home courts.

(3) Consuls have a variety of social functions not set forth in their instructions: they are expected to invite distinguished visiting Americans to dinner; to lend money to the American whose draft has not come; to recommend lodgings, and to quarrel with the proprietors if the tenants are dissatisfied. A former consul at Geneva declares that he was called upon to tell where real American chewing tobacco could be obtained, to forbid the French government to examine a lady's trunk at the frontier, and to decide how "bombshell" should be pronounced. The wise travelling American earns the gratitude of his consul and his minister by calling upon them only when he is in a difficulty from which an experienced official can and should help him out.

192. Treaties.

The treaty, or solemn agreement, between two countries is as old as history: a treaty between Corcyra and Athens brought on the Peloponnesian War. In colonial times, all treaties made by England were for the colonies as well as for the home country; thus, by successive agreements with France, the boundary of the English possessions in America was extended. During the Revolution the treaty-making power for the new states was by common consent vested in Congress, which commissioned ministers to most of the European courts, and in 1778 secured an inestimable treaty with France, under

which French ships and soldiers came over and made possible the military success of the Revolution. The treaty of peace of 1782 was the first of many agreements with England.

The treaty-making power of the Confederation was incomplete because it did not extend to commercial questions; but by the constitution of 1787 the power was made unmistakable, for the states were deprived of all control over commerce, and power was given to the president and Senate "to make treaties," a clause which is interpreted to mean treaties on any subject within the field of the federal government. Since that time about 300 treaties have been made and ratified, besides those that have failed. Among the most important agreements are the treaties of peace with France (1800), Great Britain (1814), Mexico (1848), and Spain (1898); the commercial treaties with England (1794, 1815, and 1854), China (1844), and Japan (1854); the boundary treaties with England (1818, 1842, and 1846); the canal treaties with Colombia (New Granada) (1846) and England (1850 and 1902); the German treaty on citizenship (1868); the Treaty of Washington settling the Alabama difficulty (1871). The United States has assented to various general treaties, such as postal conventions; and also to the agreement of 1885 on the Congo Free State.

When a treaty is negotiated abroad, a special commission composed of several persons is often appointed. For instance, Pinckney, Gerry, and Marshall were sent to France in 1797; the treaty of peace of 1814 was negotiated by five commissioners - Clay, Gallatin, John Quincy Adams, Bayard, and Russell; and that of 1898 at Paris by five commissioners - Day, Davis, Frye, Gray, and Reid- of whom three were members of the Senate.

Most negotiations, however, are carried on by our American minister at the foreign court, under instructions from Washington; or in this country by the secretary of state with the foreign minister. Of this latter kind are the treaties of 1842, 1846, 1871, and 1902, with Great Britain. In 1891,

when a conference was being held with representatives of Great Britain and Canada, Colonel Foster as a special commissioner made some statements which he said were authorized by the president; Secretary Blaine thereupon withdrew from the room, on the ground that as secretary of state the president's wishes should be made known only through him. In drawing up important treaties, it is common to write out a sort of journal of the conferences, known as a "protocol," in which appears a joint statement of what is proposed and answered, with copies of papers which are handed in.

No negotiations can be carried on except through persons officially accredited for that purpose by the president. In 1806 Dr. Logan attempted to get from the French government information which had been refused to our minister; the result was a statute making it a criminal offence for a private individual to assume any diplomatic functions with a foreign power.

Few treaties are ever negotiated without knowing beforehand the mind of the president on the general issues; nevertheless, if the negotiators come to an agreement and sign a treaty, it is not binding on the president, who may at his discretion stop it there, without referring it to the Senate. Thus, Jefferson held back the treaty with England in 1806; and President Cleveland in 1893 withdrew a treaty for the annexation of Hawaii, which was pending in the Senate when he came into office.

The constitution provides that treaties shall be made "with the advice and consent of the Senate . . . provided two-thirds of the Senators present concur." The word "advice" suggests that the president may consult the Senate in advance; and President Washington, in 1789, came personally upon the floor of the Senate and asked the advice of the Senate then and there. Somewhat fearful of the majestic presence of the great man, the Senate referred the matter to a committee; and that was practically the end of any attempt by the president to hold official personal council with the Senate. Still, every

prudent president discusses the chances of a treaty with his leading senatorial friends; and presidents occasionally sound the Senate by messages. Polk, in 1846, formally called upon the Senate to inform him whether it would ratify a compromise boundary in Oregon, and received the desired assurance. If the president approves the treaty submitted to him, he then sends it to the Senate for ratification; there it is referred to the Committee on Foreign Relations, the chairman of which is really a sort of congressional secretary of state. If, as often happens, the committee is not interested in the treaty, it may remain for months unregarded, although the Senate has power to call it up at any time. The necessary two-thirds vote of the Senate has almost always been obtained for treaties of peace and for the adjustment of dangerous diplomatic controversies; indeed, the necessity of a two-thirds vote is so patent that a president seldom comes to an agreement with a foreign country without a reasonable assurance beforehand that the treaty will be ratified. In 1795 Washington, by his utmost personal influence, got a 24 to 12 vote for the Jay Treaty; in 1869 the Johnson-Clarendon Convention for the settlement of the Alabama question had only one vote in its favor. An interesting case is the treaty of 1844, for the annexation of Texas it was held for six weeks by the Committee on Foreign Relations in order to affect a nominating convention, and then was voted down.

The Senate does not always accept the alternative of approving or rejecting a treaty: it often makes amendments, a step which of course involves a new discussion with the foreign country. If the amended treaty is accepted by the foreign power, it is not necessary to submit it a second time to ratification; if it is not accepted, -the treaty fails. Such was the case with the Hay-Pauncefote Treaty of 1900, which was so amended by the Senate as completely to alter its tenor. A treaty ratified by the Senate is still not valid till ratified by the other power: Thus, the Florida Treaty was hanging uncertainly from 1819 to 1821. When ratifications are once