Dode IN 1924 ments; but they were all stricken out, with the exception of the increase of salaries. As the offices are still subject to the "spoils system," the chief effect of the increase of salaries will be to add to the number and voracity of the partisan office-seekers. The three essential features which should be adopted to make the reform effective are: First, the exemption of the appointments from political influence; second, the permanence of the service; third, a system of promotion. While Congress is apparently unwilling to bring about these reforms by legislation, because of its attachment to "the spoils system," it is entirely within the power of the executive department of the government to put in operation all three of these measures. No president has yet had the courage to discard political influence in the appointments, but efforts have been made to secure a better fitted class of consuls by subjecting appointees to an examination, and in adopting a system of promotion. In 1895 President Cleveland proclaimed a series of rules, prescribing a method of filling vacancies by promotion and by subjecting persons appointed to an examination before being commissioned. Much of the effectiveness of these rules was diminished by the fact that their promulgation had been preceded by an almost entire change in the personnel of the consular service on purely partisan grounds. It is stated that the year following the enforcement of those rules, of thirteen candidates for consular appointment, eight passed the examination and five were rejected. A new administration came into power in 1897, and 19 Presidents' Messages, 624, 639. the "clean sweep of the Cleveland régime was followed by that of President McKinley. Out of a total of 272 salaried consuls, 238 were changed. The rules of the preceding administration, slightly modified, were nominally continued, and it is stated that out of 112 candidates for appointment the year following, only one failed to pass the examination.' Such a record for two succeeding administrations of different parties does not strongly commend this method of reform by executive action. The rules promulgated by Presidents Cleveland and McKinley have been strengthened, upon the recommendation of Secretary Root, by a recent order of President Roosevelt regulating the admissions to and promotions in the consular service, in which it is designed to supply the omissions of Congress in the late consular act. This executive order prescribes that all vacancies in the office of consul-general and of consul, except in the two lower classes, shall be filled by promotion from the lower grades; that vacancies in the two lower classes shall be filled either (a) by promotion of consuls, consular clerks, vice or deputy consuls, or consular agents; or (b) by new appointments of candidates who have passed a satisfactory examination; that the subjects for examination shall include at least one modern language other than English; and that neither in the designation for examination or appointment will the political affiliations of the candidate be considered.2 This method, if it could be made permament, would 1 For facts above stated, see vol. 35 Century Magazine (1898-99), 604. 2 Executive Order, June 27, 1906. effect a long-desired reform in the consular service; but it has the defects of not making the examinations competitive and of having been put in operation after the consulates had been filled, in large measure, by the partisans of the administration; and there is no assurance that the order will be executed in its true spirit by a succeeding administration, especially if it should be of an opposing party. Executive orders are subject to executive repeal. The only hope for real reform is by removing the appointments from political influence. Not until the executive orders shall be put into the form of legislation by Congress, in response to a strong popular demand, will real and permanent reform in the consular service of the United States be attained. 1924 CHAPTER XII NEGOTIATION AND FRAMING OF TREATIES THE negotiation of treaties is the highest function which a diplomatic representative is called upon to discharge, and the one which requires the greatest skill and circumspection on his part. Treaties cover a great variety of subjects. The peculiar relations of royal prerogative, consanguinity, and marriage of the European monarchies give rise to a class of treaties with which the United States has nothing to do, but, with this exception, an enumeration of the character of conventions which this country has celebrated with various nations will indicate the scope of subjects covered by international compacts, which, it will be seen, embrace more than a score in number. The most important and numerous of these are treaties of (1) amity, commerce, and navigation, and under these may be embraced the special treaties as to (2) consuls, (3) free navigation of rivers, (4) trade-marks, (5) fisheries, (6) shipping, and (7) commercial reciprocity. Treaties of (8) peace may be next mentioned, of which, in its existence of one hundred and thirty years, the United States has been called upon to make four. There has been only one treaty of (9) alliance, that with France, and it was terminated more than a century ago. Then follow treaties for the (10) cession of territory, (11) extradition, (12) naturalization, (13) arbi- As indicating the broad scope of this branch of international law and comity, it may be stated that the treaties of the United States with other nations now in force exceed three hundred in number, and it is estimated that those in force between the various nations of the earth is not less than eight thousand. Verily the international code of the world constitutes a ponderous compilation. In addition to the treaties themselves there are various documents connected with or having relation to them which it may be well to notice in this connection. 1 |