The Secretary of the United States for the Department of foreign Affairs, to whom was referred a letter of the 16th August 1787 from Sir John Temple the british Consul General,1

Reports.—

That this Letter states, that a Relation at Canton, sent him in the Hope, lately arrived at this Port, a small Box of Tea and a Piece of Silk for Lady Temple’s Use—that he sent for them, and that the Collector returned for Answer that as there was no Treaty of Commerce subsisting between his britannic Majesty and these States, Sir John must pay the Impost or Duties charged upon such Articles by the Government of the State of New York. Sir John requests to be informed, whether or not it be right and proper for him to pay the Duties so demanded.—

Two things in this Letter merit Attention—first the implied Claim of the Consul to an Exemption from Duties; and secondly the Reason assigned by the Collector for demanding the ordinary Duties in the present Case.—

The Respect due from Nation to Nation and from Sovereign to Sovereign, has introduced among civilized Nations the general Custom and Usage of exempting Ambassadors and public Ministers from Duties and Imposts. The only Question on this Point which merits Attention is, whether Consuls are to be considered in this Light?—

In the Opinion of your Secretary, Consuls are not by the Laws or Usage of Nations considered or treated as public Ministers, and therefore that they are not entitled to the Exemptions in Question either here or elsewhere.—

It would seem from the Collector’s Answer that he considers the other Consuls, between whose Nations and the United States Treaties of Commerce exist, as entitled to such Exemptions; and therefore your Secretary is inclined to think it would be expedient for Congress to correct that Mistake. It appears from general Experience that this Privilege to Ambassadors and Ministers has produced many Inconveniences, and is daily attended with great Abuses; insomuch that some Nations have found it necessary to take Measures to guard against and check them. In France it is usual for Ministers to report the Articles intended to be introduced, and the Government pays the Duties to the Farmers—and a late Instance of the Ambassador at the Court of London, importing 800 Dozen of Wine at one Time for the Use of his Table, and shortly after disposing of 500 Dozen of them to Grocers, has called the Attention of the Ministry to the Necessity of establishing Regulations on the Subject; but what they will be, is not yet decided. If such Inconveniences result from such a Privilege to a few Ambassadors and Ministers, Men high in Office and Reputation, and whose Situations render such Practices particularly indecent and improper; it is easy to foresee how much greater and more extensive Evils would result from similar Indulgences to the numerous Consuls to be found in every commercial Country disposed to admit them.—

It is submitted therefore to the Consideration of Congress whether (without taking any particular Notice of Sir Johns Case) it would not be proper to resolve as follows.—

Whereas Doubts have in certain Instances arisen whether foreign Consuls residing in the United States are entitled to an Exemption from such legal Imposts and Duties on Merchandizes by them imported for their own Use, as are payable by other Subjects of their respective Nations—

Resolved that no Consuls of any Nation are entitled to such Exemptions in the United States.—

All which is submitted to the Wisdom of Congress.—