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.
…
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.
…
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.