John Jay Papers

Report on Consular Salaries and Fees, 31 October 1785

Report on Consular Salaries and Fees

Office for Foreign Affairs 31st October 1785.

The Secretary of the United States for the Department of foreign Affairs in Obedience to the Order of Congress directing him to report the Fees to be paid to Consuls, their respective Jurisdictions and Duties, and the Customs of Nations respecting Salaries, Fees and Perquisites allowed to Consuls—1 Reports

That Consuls are received by foreign Nations either in persuance of Stipulations in Treaties subsisting between the Nations sending, and receiving them; or in pursuance of the general Customs observed by commercial States.—

That the Duties of Consuls are, to attend to the Rights and Priviledges claimed by their Nations, either in Virtue of Treaties, or the Laws and Usage of Nations, and particularly of that Nation to which they are sent—And further, to do and perform such Things as their Sovereign may enjoin, and the Laws of the Country to which they are sent permit. That their Jurisdiction as to Extent, always depends on their Commission, and as to its Objects relates chiefly to the Determination of such Controversies and Contests as may there happen between the Merchants and Traders of their Nation.—

That the English in some Cases allow their Consuls Duties on Goods loaded and unloaded, and in others Duties on Shipping.—

That the Spaniards do the same—That the French pay Salaries to their Consuls, raised for the most Part out of similar Imposts—That the Dutch in some Instances allow neither Salary nor Duties.—

That for Want of proper Books your Secretary finds it difficult to collect immediately, full & satisfactory Information on these Points.—

That it is not more easy for him to decide the other Question referred to him vizt. what Fees ought to be paid to Consuls.—

He thinks that neither Salaries or Fees should be allowed to Consuls established in Ports, whose Trade with America is so extensive and lucrative, as to afford them the Means of acquiring a decent living—And that in Ports not so circumstanced, but at which it may be expedient to have Consuls, it would be better to allow them a small Stipend, than permit them to take Fees for their own Use.—

That it is customary for the English to provide a Fund at various Ports for the Relief of shipwrecked Seamen and Captives, by imposing either a small Tonnage on their Vessels frequenting, or their Cargoes delivered at, those Ports.—

That this Example appears to your Secretary worthy of Imitation, and that the Surplus of these Funds which may remain after providing for such charitable Purposes, might be applied towards Stipends for such Consuls, whose Situation may render them proper.—

That one Obstacle opposes these Arrangements Vizt. the Want of Power in Congress to impose such Duties or authorize the taking such Fees—but this is an Obstacle which must greatly embarrass and render imperfect almost every commercial System and Regulation that can be devised for putting the Trade of the United States on an advantageous and respectable Footing.—

All which is submitted to the Wisdom of Congress.

John Jay

DS, DNA: PCC, item 81, 481–84 (EJ: 3871). Endorsed: “Secy for foreign Affairs / on fees, jurisdiction / duties of Consuls / Entd. read 30 Oct 1785”. LbkCs, DNA: PCC, item 124, 1: 210–12; NNC: JJ Lbk. 3.

1For Thomas Barclay’s objection to Article 3 of the draft Franco-American consular convention because it prohibited consuls of both nations from engaging in trade, see the editorial note “The Franco-American Consular Convention,” above. For JJ’s other recommendations regarding consuls, see his reports of 19 Sept. and 13 Oct. 1785, DS, DNA: PCC, item 81, 385–89, 449–54 (EJ: 3858, 3866); LbkCs, DNA: PCC, item 124, 1: 152–55, 198–202 (EJ: 4536); DNA: Misc. PCC (EJ: 11773); NNC: JJ Lbk. 3; Broadsides, 13–17 Oct. 1785, DNA: PCC, item 25, 2: 457; DNA: PCC, Misc Broadside, N (EJ: 973); JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 29: 930n.

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