MR. PRESIDENT,--The independence of Hayti and Liberia has never been
acknowledged by our Government down to this day. It is within the
province of the President to do this at any time, either by receiving a
diplomatic representative or by sending one. The action of Congress is
not necessary, except so far as an appropriation is needed to sustain
a mission. But the President has seen fit, in his Annual Message, to
invite such action. By this bill Congress will associate itself with
him in the acknowledgment, which, viewed only as an act of justice,
comity, and good neighborhood, must commend itself to all candid minds.
In all respects Hayti and Liberia fulfil the requirements of
International Law. Our acknowledgment can raise no question with any
foreign power. Independent in fact, and with a civil government in
successful operation, these two Republics are entitled to hospitable
recognition in the Family of Nations, according to the rule already
established by our Government.
In proposing to appoint diplomatic representatives, we necessarily
contemplate the negotiation of treaties and the establishment of
friendly relations with these two Republics under the sanctions of
International Law, and according to the usage of nations. If it be
important that such treaties should be negotiated and such relations
be established, then the present bill is entitled to support. Thus far
our Government, habitually hospitable to all newly formed republics,
has turned aside from Hayti and Liberia, although the former has been
an independent power for nearly sixty years, and the latter for nearly
fifteen. Our national character has suffered from such conduct, while
important commercial relations with these countries have continued
without the customary support of treaties or the active protection
afforded by the presence of an honored representative. It is time to
end this anomalous state of things.
The arguments for the recognition of Hayti loom like her own mountains
as the mariner approaches the beautiful island, rising higher and
higher, while the head of the last purple peak is lost in the clouds;
and the arguments for the recognition of Liberia are not inferior in
character.
It was my purpose originally to consider this question in some of
its larger aspects, to trace the character and history of the two
Republics, to exhibit the struggles in our own country for the
acknowledgment of their independence, and to vindicate this act in its
manifest relations to civilization. I am happy to believe that such a
discussion is unnecessary, and shall therefore content myself with a
few considerations exclusively practical in character, and especially
in reply to the assertion that diplomatic representatives are not
needed in our concerns with these two Republics.
* * * * *
Hayti is one of the most charming and important islands in the world,
possessing remarkable advantages in size, situation, climate, soil,
productions, and mineral wealth. In length, from east to west, it is
about three hundred and thirty-eight miles; and in breadth, from
north to south, it varies from one hundred and forty-five miles to
seventeen. Its circumference, without including bays, measures eight
hundred and forty-eight miles. Its surface, exclusive of adjacent
islands, is estimated at thirty thousand five hundred and twenty-eight
square miles,--being about the area of Ireland, and nearly half that
of New England. In size it is so considerable as to attract attention
among the islands of the world. In situation it is commanding, being at
the entrance to the Gulf of Mexico, and within easy reach of all the
islands there. In climate it is salubrious, with natural heats tempered
by sea-breezes. In soil, it is rich with tropical luxuriance, various
with mountains and plains, watered by numerous rivers, and dotted with
lakes. In productions it is abundant beyond even the ordinary measure
of such favored regions. The mountains yield mahogany, satin-wood, and
lignum-vitæ, while the plains supply all the bountiful returns of the
tropics, including bananas, oranges, pine-apples, coffee, cacao, sugar,
indigo, and cotton. Among the minerals are gold, silver, platinum,
mercury, copper, iron, sulphur, and several kinds of precious stones.
Such, in brief, is the physical character of this wonderful island,
which, like Ireland, is a “gem of the sea.”
Originally discovered by Christopher Columbus, who named it Hispaniola,
or Little Spain, the island was for a long time among the most valued
possessions of Spain, from which power the western portion, known as
Hayti, passed to France. Throwing off the government of the latter
country, the Republic of Hayti for nearly sixty years has maintained
its independence before the world, and performed honorably all its
duties in the family of nations. At one time it embraced the whole
island: at present it occupies a portion only, with a population of six
hundred thousand.
* * * * *
The Republic of Liberia extends along the western coast of Africa for
a space of five hundred miles, beginning at the British colony of
Sierra Leone, with an average breadth of fifty miles, between latitude
4° 20´ and 7° 20´ north, embracing an area of thirty thousand square
miles, being almost precisely the area of Hayti,--so that these two
regions, one an island and the other a strip of African sea-coast,
are of equal geographical extent. I say nothing of the origin of this
republic, although it cannot be contemplated without the conviction
that perhaps it is one of the most important colonies ever planted. At
last civilization obtains foothold in Africa, almost under the equator.
In soil and productions, if not in climate, this region is hardly
less favored than Hayti. Though so near the equator, the mercury
seldom rises above ninety degrees in the shade, and never falls below
sixty. Most of the productions in one are also found in the other.
But Liberia abounds in iron ore. Copper and other metals are said to
exist in the interior. It is, however, in sugar, cotton, coffee, and
palm-oil that Liberia seems destined to excel. A person familiar with
the country reports that it “bids fair to become one of the greatest
sugar-producing countries in the world.” The population embraces some
fifteen thousand persons, emigrants, or their children, from the United
States, with a large native population, held in subjection and already
won toward civilization, amounting to more than two hundred thousand.
With two countries like these the argument for treaties is strong,
without pursuing the inquiry further. But it becomes irresistible, when
we consider the positive demands of our commerce in these quarters.
Even in spite of coldness, neglect, and injustice, our commercial
relations have grown there to great importance. If assured of the
customary protection afforded by treaties and the watchful presence of
a diplomatic representative, they must become of greater importance
still.
I have in my hands a tabular statement of our commerce and navigation
with foreign countries for the year ending June 30, 1860, arranged
according to amount, so that the country with the largest commercial
intercourse stands first. This authentic testimony has been prepared
at the Treasury Department, under my directions, for this occasion.
Though most interesting and instructive, it is too minute to be read in
debate. Here, under one head, are the exports from the United States;
under another head, the imports; and, under other heads, the number of
ships and tonnage: the whole so classified that we see at a glance the
relative importance of foreign countries in their commercial relations
with the United States.[280] Such a statement is in itself an argument.
It is to exhibit the precise position of Hayti and Liberia in the scale
that I introduce this table. When it is said that out of seventy-one
countries Hayti stands the _twenty-seventh_, and Liberia at least helps
to make the _twenty-ninth_, this is not enough. It must be observed
that there are no less than ten countries, like Canada and Cuba, which,
though enumerated separately, belong to other nationalities. If these
are excluded, or added to their proper nationalities, Hayti will rank
as _seventeenth_, and Liberia will take her place as _nineteenth_. But
if we examine this table in detail, we find the important relative
position of these two countries amply sustained. Confining ourselves
for the present to Hayti, we have these remarkable results.
Hayti, in exports received from us, stands next to Russia. The exports
to Hayti are $2,673,682; while those to Russia amount to $2,786,835.
But the imports from Hayti are $2,062,723, while those from Russia are
only $1,545,164. In number of vessels employed, Hayti is much the more
important to us. Only sixty vessels are employed between the United
States and Russia, while four hundred and ninety are employed between
the United States and Hayti. So that, in importance of commercial
relations, Hayti stands above Russia, where we have been constantly
represented by a Minister Plenipotentiary of the highest class, with
a Secretary of Legation, and have at this moment no less than eight
consuls besides.
According to this table, there are no less than _fifteen_ countries
with which the United States maintain diplomatic relations, although
lower than Hayti in the scale of commerce and navigation. This is not
all. In point of fact, there are at least _three_ other countries,
where we are now represented by a Minister Resident, which do not
appear in any commercial tables: I refer to Switzerland, Paraguay, and
Bolivia. So that there are as many as _eighteen_ countries of less
commercial importance than Hayti, with which the United States are now
in diplomatic relations.
The exports to Austria, including Venice, where we are represented
by a Minister Plenipotentiary of the first class, with a Secretary
of Legation and three consuls, are less than one half our exports to
Hayti, while the number of ships in this commerce is only forty-five,
being four hundred and forty-five less than in our commerce with Hayti.
The exports to Peru, where we are represented also by a Minister
Plenipotentiary of the first class, with a Secretary of Legation and
five consuls, are still less than those to Austria.
In this scale of commerce and navigation Hayti stands above Prussia,
where we are represented by a Minister Plenipotentiary, and also above
Sweden, Turkey, Central America, Portugal, the Papal States, Japan,
Denmark, and Ecuador, where we are represented by Ministers Resident.
It also stands above the Sandwich Islands, where we are represented by
a Commissioner. Of these there are several whose combined commerce with
the United States is inferior to that of Hayti. This is the case with
Sweden, Turkey, Portugal, Japan, Denmark, and Ecuador, which altogether
do not equal Hayti in commercial relations with the United States.
Our combined exports to Turkey in Europe and Turkey in Asia are
nearly two millions less than to Hayti; and yet, with this Mohammedan
Government we have felt it important within a few weeks to negotiate a
treaty of commerce.
The commerce with China is among the most valuable we possess, and
the ships engaged in it are of large size; but in number they are
inferior to those engaged in trade with Hayti. And yet at China we
have a Minister Plenipotentiary of the first class, with a salary of
twelve thousand dollars, an interpreter with a salary of five thousand
dollars, two consuls with salaries each of four thousand dollars, one
other consul with a salary of three thousand five hundred dollars, two
other consuls with salaries each of three thousand dollars, and two
other consuls paid by fees.
Perhaps the comparison between Hayti and the Sandwich Islands is the
most instructive. Both are islands independent in government,--Hayti
with a population of six hundred thousand, the Sandwich Islands with
a population of little more than seventy thousand. The exports to
Hayti, as we have already seen, are $2,673,682, while the exports
to the Sandwich Islands are only $747,462. And the difference in
navigation is as great. In commerce with Hayti there are four hundred
and ninety ships, with an aggregate of 82,360 tons, while in commerce
with the Sandwich Islands there are only eighty-five ships, with an
aggregate of 35,368 tons. And yet, at the Sandwich Islands, with this
inferior population, inferior commerce, and inferior navigation, we are
represented by a Commissioner, with a salary of seven thousand five
hundred dollars, one consul with a salary of four thousand dollars,
another consul with a salary of three thousand dollars, and still
another paid by fees.
Nor is the interest in the trade with Hayti confined to any particular
State or section of the United States. From other authentic
tables it appears that the New England States send fish and cheap
cottons,--Pennsylvania and the Western States send pork,--Vermont, New
York, Ohio, and Illinois send beef, butter, and cheese,--Philadelphia
and Boston send soap and candles,--while Maine sends lumber, and in
times past Southern States have sent rice and tobacco.
Of fish Hayti in 1859-60 took from us 55,652 cwt., being much more than
was taken by any other country, except Cuba, which took 59,719 cwt.,
and much more than was taken by all the rest of the West Indies. Of
cotton manufactures Hayti took from us to the value of $227,717, being
more than was taken by many other countries together, and nearly double
the amount taken by Cuba and Porto Rico together, the two remaining,
but valuable, American possessions of Spain. Of butter Hayti took
211,644 pounds, of cheese 121,137 pounds, of lard 675,163 pounds,--but
of soap she took 2,602,132 pounds, being three times as much as was
taken by any other country. Cuba, which stands next, took only 867,823
pounds, while Mexico took only 66,874 pounds.[281]
Such are some of the articles, which I mention that you may see the
distribution of this commerce in our own country, as well as the extent
to which, though pursued under difficulties, it has already gone.
* * * * *
The practical advantages from the recognition of Hayti were directly
urged upon the National Government by one of its agents, even during
the unfriendly administration of President Pierce. I refer to the
consular return of John L. Wilson, commercial agent at Cape Haytien,
under date of June 5, 1854, as follows.
“By a recognition of the independence of Hayti our commerce
would be likely to advance still more. Our citizens trading
there would enjoy more privileges, besides standing on a better
footing. _Many decided advantages might also be obtained
through treaty_, and our own Government exercise a wholesome
influence over theirs, of which it stands much in need.”[282]
This is certainly strong testimony, although, when we consider his
political relations, testimony from an unwilling witness. There is
other testimony of a similar character. In the text of the elaborate
report by the Department of State, from which the above is taken, is
found the following weighty opinion.
“There being no treaty between the United States and Hayti, the
commerce between the two countries is governed by such local
laws and regulations as may from time to time be enacted. These
are always subject to changes and alterations, sometimes so
sudden,--decrees of to-day superseding the laws in force but
yesterday,--that commercial interests, _especially those of
the United States_, have been in many instances most seriously
affected.”[283]
As late as June 25, 1850, a law was in force which subjected the
vessels of all countries not acknowledging the independence of Hayti
to an additional duty of ten per cent. American vessels, being within
its operation, could not compete with the vessels of other nations,
even in exporting to Hayti our own staples. Then, again, there was a
tariff, that took effect in January, 1850, under which there was a most
injurious discrimination against our trade. A despatch at that period
from Aux Cayes to the Department of State says: “While the citizens
of France are scarcely affected in their importations to Hayti, the
Americans here import, and our merchants at home export, scarcely any
article that is free.” And yet, in the face of these annoyances, and
notwithstanding the embarrassments which they occasioned, our merchants
have secured at least a moiety of the foreign trade of Hayti. With the
encouragements bestowed on our relations with other countries, we shall
enjoy a much larger proportion.[284]
If any additional motive were needed, it might be found in the
political condition of the West India Islands, and the present
movements in Mexico. Spain, quickened by ancient pride, has begun to
recover her former foothold,[285] and it is sometimes supposed that
France is willing to profit by imagined change of sentiment in her
favor. Thus far the Republic of Hayti has been left without sympathy
or support from our country. That it is able to sustain itself so
well gives assurance of still greater strength, when surrounded by
more auspicious circumstances. Nor is the influence of Hayti to be
neglected in adjusting that balance of power which is daily becoming
of increased importance in the West Indies. It may be of value to us
that this republic should be among our friends, while it cannot be
doubted that our friendship will contribute to Haytien security against
danger from any quarter whatsoever. It will be remembered that Mr.
Canning boasted, somewhat grandly, that he called a new world into
existence to redress the balance of the old,--alluding in this way to
the acknowledgment of the Spanish colonies. In the same spirit, and
without any exaggeration, may it be said that by the acknowledgment of
Hayti we shall provide a check to distant schemes of ambition, which
have latterly menaced an undue predominance in the West Indies. In this
view, the present proposition has a political importance which it is
difficult to measure. It becomes a pledge of permanent peace, as well
as of commerce; but it can have this character only if made effective,
sincerely and honestly, according to the usage of nations.
Of the many colonies following our example and independence Hayti was
the first, and yet, by strange perversity, is not even now recognized
by our Government. We are told that the last shall be first and the
first shall be last. This, surely, is a case where the first is
last. It remains to be seen, if, under the genial influence of such
recognition, Hayti may not become, among all independent colonies,
first in importance to us, as it was first in accepting our example.
In acknowledging the independence of Hayti, we follow too tardily the
lead of other nations. France for a long time hesitated, as Spain
hesitated, to acknowledge the independence of her colonies. This
concession was made in 1825, under Charles the Tenth, while Hayti
stipulated by treaty to pay one hundred and fifty million francs,
as well for the recognition as for indemnification to colonial
proprietors. It was natural that the mother country should hesitate;
but when France abandoned all claim, every objection to recognition by
other nations ceased. Accordingly, this republic has been recognized,
if not cordially welcomed, by Great Britain, France, Spain, Prussia,
Denmark, Holland, Belgium, Portugal, Sweden, Hanover, Italy, and even
by Austria, all of whom have representatives there, duly chronicled in
the Almanach de Gotha.
* * * * *
Thus far I have confined myself to the case of Hayti. But Liberia has
claims of its own. If our commercial relations with this interesting
country are less important, they are nevertheless of such consequence
as to require protection, while this republic may properly look to us
for parental care.
The commercial tables by which I have illustrated so completely the
relative importance of Hayti are less precise with regard to Liberia,
inasmuch as this republic, owing to unhappy prejudices in recent
Administrations, was not allowed a separate place in the tables, but
was concealed under the head of “Other Ports in Africa.” From authentic
sources I learn that the exports from the single port of Monrovia for
the year 1860 amounted to near $200,000, while those from the whole
republic amounted to as much as $400,000.
I forbear details with regard to the commerce of Liberia. It is enough
that it is already considerable, and is increasing in value, although
Great Britain, by a treaty, and the cultivation of friendly relations,
has done something to divert this commerce from the United States. But
it is not too late for us to enter into a treaty, and to establish
similar friendly relations. If, beyond the impulse of self-interest, we
need anything to quicken us, we shall find it in the judgment of Henry
Clay, who, in a letter dated Ashland, October 18, 1851, uses these
positive words:--
“I have thought for years that the independence of Liberia
ought to be recognized by our Government, and I have frequently
urged it upon persons connected with the Administration,--and I
shall continue to do so, if I have suitable opportunities.”
In taking this step, and entering into a treaty with Liberia, we only
follow the example of commercial nations. Nor can I doubt that we must
in this way essentially promote our own commercial interests. Liberia
is so situated, that, with the favor of the National Government, it may
become the metropolitan power on the whole African coast, so that the
growing commerce of that continent will be to a great degree in its
hands.
* * * * *
I do not dwell at length on the general advantages from the recognition
of these two powers, nor do I enlarge on the motives of justice. I
mean to state the case simply, without introducing any topic which can
justly cause debate in this body. It is enough that the acknowledgment
is required for our own good. Happily, in benefiting ourselves we shall
promote the interests of others.
There is one consequence which I cannot forbear to specify. Emigrants
to these Republics will be multiplied by such recognition, while every
emigrant, when happily established, will create an additional demand
for the productions of our commerce, and contribute to the number of
American keels which plough the ocean.
And there is yet one other consequence, which ought to be presented
expressly. Our commerce will be put at once under the solemn safeguard
of treaty, so that it will enjoy that security which is essential to
its perfect prosperity, and can no longer suffer from discriminating
duties or hostile legislation, aroused by a just sensibility at our
persevering illiberality. If you would have such treaties, you must
begin by an acknowledgment of independence.
Sir, there is one business only which can suffer by this measure: I
mean that of counterfeit money. You know, Sir, that, by a familiar
rule of International Law, declared by the Supreme Court of the United
States,[286] it belongs exclusively to the political department of the
Government to determine our relations with a foreign country. And since
our Government refuses to acknowledge Hayti, our courts of justice are
obliged to do so likewise; so that, when criminals are arraigned for
counterfeiting the money of Hayti, they decline all jurisdiction of
the offence. As Hayti is not a nation, it cannot have money. Such is
the reasoning, and the counterfeiters go free. It is said that during
the past thirty years millions of false dollars have in this way been
put in circulation. A case has occurred only recently, where the
counterfeiter was promptly discharged, while the witness alone seemed
to be in danger. It is time that such an outrage should be stopped.
It may be said that the same objects can be obtained by consuls,
instead of commissioners. It is clear that it is not the habit of the
United States to enter upon negotiations and open friendly relations
with foreign states through consuls. And it is also clear, that,
according to the usage of nations, consuls are not entitled to the same
consideration with diplomatic representatives. Their influence is less,
whether in dealing with the Government to which they are accredited, or
with the representatives of other powers at the same place. On this
point I content myself with reading the words of Mr. Wheaton.
“Consuls are not public ministers. Whatever protection they
may be entitled to in the discharge of their official duties,
and whatever special privileges may be conferred upon them
by the local laws and usages, or by international compact,
they are not entitled by the general Law of Nations to the
peculiar immunities of ambassadors. No state is bound to permit
the residence of foreign consuls, unless it has stipulated
by convention to receive them. They are to be approved and
admitted by the local sovereign, and, if guilty of illegal or
improper conduct, are liable to have the exequatur which is
granted them withdrawn, and may be punished by the laws of the
state where they reside, or sent back to their own country, at
the discretion of the Government which they have offended. In
civil and criminal cases they are subject to the local law, in
the same manner with other foreign residents owing a temporary
allegiance to the state.”[287]
It may be true that negotiations are sometimes conducted by consuls,
but very rarely; and the exceptions testify to the prevailing policy.
Ministers are the received agents of diplomacy. Any other agent
must be inferior in weight and character. If this be true,--and it
is undeniable,--then obviously the objects now proposed can be most
fitly and effectively accomplished only by diplomatic representatives.
And since what is worth doing is worth well doing, I hope there
will be no hesitation. Here again the example of the great European
powers may properly influence us. England, France, and Spain have
diplomatic representatives at Hayti, who are reputed to discharge their
responsible duties with activity and ability. All these have the
advantage of subsisting treaties. Our treaty remains to be negotiated.
To do this in such a way as to secure for our various interests all
proper advantages must be our special aim. Any further neglect on
our part can be nothing less than open abandonment of these various
interests. Too long already has this sacrifice been made.
* * * * *
Mr. President, a full generation has passed since the acknowledgment
of Hayti was urged upon Congress. As an act of justice too long
deferred, it aroused even then the active sympathy of multitudes, while
as an act for the benefit of our commerce it was ably commended by
eminent merchants of Boston and New York without distinction of party.
It received the authoritative support of John Quincy Adams, whose
vindication of Hayti was associated with his best labors in the other
House. The right of petition, which he steadfastly maintained, was long
ago established. Slavery in the national capital is now abolished.
It remains that this other triumph shall be achieved. Petitioners,
who years ago united in this prayer, and statesmen who presented the
petitions, are dead. But they will all live again in the good work they
generously began.
* * * * *
Mr. President, this is the statement I have to make on this important
question. As I know that the Senator from Kentucky [Mr. DAVIS] desires
to move an amendment, I shall not ask a vote to-day; but I propose that
the further consideration of the bill be postponed until to-morrow at
half past twelve o’clock, when I hope we may have a vote upon it.
The motion was agreed to.
April 24th, the Senate, as in Committee of the Whole, resumed
the consideration of the bill to authorize the President of
the United States to appoint diplomatic representatives to the
Republics of Hayti and Liberia respectively. Mr. Davis, of
Kentucky, moved to strike out all after the enacting clause,
and insert:--
“That the President of the United States be, and hereby
is, authorized, by and with the advice and consent of the
Senate, to appoint a consul to the Republic of Liberia, and
a consul-general to the Republic of Hayti, respectively,
with powers to negotiate treaties of amity, friendship, and
commerce between the United States and those Republics.”
In the course of his remarks, Mr. Davis expressed himself as
follows.
“MR. PRESIDENT,--I am weary, sick, disgusted, despondent
with the introduction of the subject of Slaves and Slavery
into the Chamber; and if I had not happened to be a member
of the committee from which this bill was reported, I
should not have opened my mouth upon the subject.… I oppose
the sending of ambassadors of any class from our Government
to theirs upon this consideration: it would establish
diplomatically terms of mutual and equal reciprocity
between the two countries and us. If, after such a measure
should take effect, the Republic of Hayti and the Republic
of Liberia were to send their ministers plenipotentiary
or their chargés d’affaires to our Government, they would
have to be received by the President, and by all the
functionaries of the Government, upon the same terms of
equality with similar representatives from other powers. If
a full-blooded negro were sent in that capacity from either
of those countries, by the Laws of Nations he could demand
that he be received precisely on the same terms of equality
with the white representatives from the powers of the
earth composed of white people. When the President opened
his saloons to the reception of the diplomatic corps,
when he gave his entertainments to such diplomats, the
representatives, of whatever color, from those countries,
would have the right to demand admission upon terms of
equality with all other diplomats; and if they had families
consisting of negro wives and negro daughters, they would
have the right to ask that their families also be invited
to such occasions, and that they go there and mingle with
the whites of our own country and of other countries that
happened to be present. We recollect that a few years
ago the refined French court admitted and received the
representative of Soulouque, who then denominated himself,
or was called, the Emperor of Dominica, I think.”
MR. SUMNER. “Of Hayti.”
MR. DAVIS. “Well, a great big negro fellow, dressed out
with his silver or gold lace clothes in the most fantastic
and gaudy style, presented himself in the court of Louis
Napoleon, and, I admit, was received. Now, Sir, I want
no such exhibition as that in our capital and in our
Government. The American minister, Mr. Mason, was present
on that occasion, and he was sleeved by some Englishman--I
have forgotten his name--who was present, who pointed
him to the ambassador of Soulouque, and said, ‘What do
you think of him?’ Mr. Mason turned round and said, ‘I
think, clothes and all, he is worth a thousand dollars.’
[_Laughter._]
…
“Mr. President, I regret to have felt myself forced to
speak the words upon this subject I have. I do begin to
nauseate the subject of Slaves and Slavery in debate in
this Chamber; and it was only because this measure has
been perseveringly and uniformly opposed from the Slave
States heretofore, and I know is distasteful, to a very
considerable extent, to the people of those States, and
because the measure, in the form in which it has been
reported, would have the effect, in my opinion, to increase
this feeling, that I have thought it incumbent on me to say
a word.”
MR. SUMNER. Mr. President, the Senate will bear me witness, that, in
presenting this important question yesterday, I made no allusion to
the character of the population in the two Republics. I made no appeal
on account of color. I did not allude to the unhappy circumstance in
their history, that they had once been slaves. It is the Senator from
Kentucky who introduces this topic. And not only this, Sir, he follows
it by alluding to some possible difficulties--I hardly know how to
characterize them--which may occur in social life, should the Congress
of the United States undertake at this late day, simply in harmony with
the Law of Nations, and following the policy of civilized communities,
to pass this bill. I shall not follow the Senator on those sensitive
topics. I content myself with a single remark. More than once I have
had the opportunity of meeting citizens of these Republics, and I say
nothing beyond the truth when I add that I have found them so refined
and so full of self-respect as to satisfy me that no one of them
charged with a mission from his Government can seek any society where
he will be not entirely welcome. Sir, the Senator from Kentucky may
banish all personal anxiety. No representative from Hayti or Liberia
will trouble him.
But the proposition of the Senator makes a precise objection to the
bill, which I am ready to meet. He insists that we shall be represented
by consuls only, and not by diplomatic agents. Yesterday, in the
remarks I had the honor of addressing to the Senate, I anticipated this
very objection. I quoted then the authoritative words of Mr. Wheaton
in his work on the Law of Nations, where he sets forth the distinction
between ministers and consuls, and shows the greater advantage from a
representation by one than by the other. I follow up that quotation now
by reading from another work. It is a treatise on International Law
and the Laws of War by General Halleck; and as I quote this authority,
which is not yet much known, I venture to remark that I doubt if there
is any recent contribution to the literature of the Law of Nations
of more practical value. In a few words he states the character of
consuls. I quote from him as follows.
“Consuls have neither the representative nor diplomatic
character of public ministers. They have no right of
ex-territoriality, and therefore cannot claim, either for
themselves, their families, houses, or property, the privileges
of exemption which by this fiction of law are accorded to
diplomatic agents, who are considered as representing, in a
greater or less degree, the sovereignty of the state which
appoints them. They, however, are officers of a foreign state,
and, when recognized as such by the exequatur of the state in
which they exercise their functions, they are under the special
protection of the Law of Nations. Consuls are sometimes made
also chargés d’affaires, in which cases they are furnished with
credentials, and enjoy diplomatic privileges; but these result
only from their character as chargés, and not as consuls.”[288]
The Committee who had the subject in charge, taking it into careful
consideration,--as I believe the Senator from Kentucky, who is a
member of the Committee, will confess,--deliberately reached the
conclusion that it was advisable for the United States at present to
be represented at each of those Republics by a person of diplomatic
character. The Committee put aside the proposition that we should be
represented merely by a consul. It was felt that such an officer would
not adequately do all that our country might justly expect to have
done. Nor is this all. We were guided also by the precedents of our
Government. There are eighteen different states lower down in the scale
of commerce and navigation with the United States, where we are now
represented by diplomatic representatives. One of these, as I explained
yesterday, is the Sandwich Islands, with a population of only seventy
thousand, and with a commerce and navigation vastly inferior to that
between the United States and Hayti.
MR. DAVIS. I think we have too many.
MR. SUMNER. Possibly. I go into no inquiry on that point. Suffice it to
say we already have these eighteen diplomatic representatives, and one
of these is at the Sandwich Islands, with a population, a commerce, and
navigation inferior to those of Hayti. Besides, at the Sandwich Islands
we have three consuls highly paid. If we have too many, let us reduce
the list, but do not commence our economies on Hayti and Liberia.
The Committee in their conclusion followed the usage of nations, and
also the example of the great powers at Hayti. In presenting this
measure, I make no appeal on account of an oppressed race. I urge it
simply as an act for our own good. We go about the world hunting up
the smaller powers, where to make treaties and to place diplomatic
representatives, under the temptation of petty commercial advantage.
Thus far we have stood aloof from two important opportunities of
extending and strengthening our influence. It is time to change.
The proposition of Mr. Davis was rejected,--Yeas 8, Nays 30.
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