\C^ f / E 671 .J42 Copy I [Hepruttrd front the IXTEHNATIOXAZ REVIEW for May-Junc, 1S77.] THE AMERICAN FOREIGN SERVICE. KV THE HON. JOHN J A V, Late Envoy Extraordinary and Minister Plenipotentiary of the United States at Vienna. IVT EARLY fifty years since, before the Union included Texas, -i- y New Mexico, or California, and when its population numbered but ten millions, on the 22d of February, 1822, Mr. Webster de- livered at the National Capitol a speech in honor of the Centennial birthday of Washington. " Gentlemen," he said, " for the earth which we inhabit, and the whole circle of the sun, for all the unborn races of mankind, we seem to hold in our hands, for their weal or woe, the fate of this experiment. If we fail, who shall venture its repetition ? If this £^1 fiat Western sun be struck out of the firmament, at what other fountain shall the lamp of liberty hereafter be lighted ? What other orb shall emit a ray to glimmer even on the darkness of the world ?" There was no danger, he added, in our overrating or overstating the important part which we were then acting in human affairs. The world was regarding us with a deep anxiety to learn whether free States might be stable as well as free, whether popular power might be trusted as well as feared ; in short, whether regular and virtuous self-government was a vision for the contemplation of the- orists, or a truth established and brought into practice in the coun- try of Washington. As to our stability, the integrity of the national territory, and the supremacy of the national power, the world has not doubted since our civil war. But as regards the wisdom and virtue of our self-government, Americans them- selves have doubted much, and Europe awaits on this point more satisfactory evidence than has been recently furnished. It is not the interest of imperial, aristocratic, and military governments to magnify the blessing and the permanence of popular institutions, nor to encourage their subjects in emigrating to our shores ; and the European press, as inspired by or controlled in the ruling interest, seldom brightens with rosy tints its narrative of current events in America. It is apt, on the contrary, to present with unamiable fidelity and in sombre hues the less pleasing features of American life, political and social, especially when they are supposed to illus- trate the character and influence of republican institutions. Of late years Europe has been made familiar with the Southern cry of abuses and exactions on the part of the governments im- CoPYRiGHT, 1877, A. S. Barnes & Co. THE AMERICAN FOREIGN SERVICE posed upon the vanquished States, with the mercenary aims and arbitrary methods of revenue officers, with flagrant departures from economy and justice at the door of Congress, wifh the disclosures of the Credit Mobilicr, involving the characters of senators and repre- sentatives, which were followed by the act of legislation known as " the Salary Grab." Eui'ope was advised of Sanborn contracts and moiety spoils, of the whisky frauds in the Western States, of the resolution and skill with which Mr. Secretary Bristow unearthed and grappled with that daring combination to defraud the Treasury, and of the treatment awarded to that faithful officer for the efforts to purify his Department. Europe was advised also of the at- tempted impeachment of the Secretary of War for official corrup- tion, in selling the traderships of our Western forts for moneys that were to be extorted in turn from the soldiers, Indians, and pioneers, whom the President and the War Secretary were bound especially to protect. ; It has been intimated abroad that our republican Government had become more personal in its character, and more arbitrary in its disregard of national traditions, than any Government in Europe ; that the President had deliberately set aside the rules of the civil service, to which he was pledged, to readopt the immoral doctrine, " that to the victor belongs the spoils," and that he had acquiesced in the claim of senators and representa- tives to share in their distribution ; that in this course he was sustained by the interested flattery of those around him who were more careful than Mr. Bristow to maintain their positions ; that his Cabinet ministers, regardless of all remonstrances against lowering the tone of the Government, joined the President in asso- ciating with public plunderers, " loaded with odium and riches." In fact, it was widely suggested that the dignity, rights, and interest of the people were scarcely more regarded at Washington, in the distribution of offices and influence, than they were by the sovereigns of the olden time, who bestowed cities or provinces as marriage portions, and gave titles to the boon companions in whose society the king amused himself. Of the actual condition of our civil service, and of the class of men occasionally selected for the highest posts, Europe learned something on her own soil at ihc Vienna Exposition. A rare opportunity had presented itself tor calling to the front our representatives of the science, art, industr\-, and cul- ture of the country, and intrusting the task of a fitting exhibi- tion from America to eminent and experienced gentlemen, whose THE AMERICAN FOREIGN SERVICE. 3 names would inspire respect and confidence. The idea would hardly have occurred to Europeans accustomed to watch with wonder the majestic march of the republic, that when the dignity ind honor of the country were at stake, with its scientific fame, its commercial interests, and the obligations of international courtesy, so promptly recognized by the great powers in sending their crown- princes and men illustrious in their several walks to do honor to the Emperor of Austria and the august occasion, the Washington Government could regard it as a convenient chance for satisfying disappointed and exacting partisans : or that it could descend so far for that purpose, that the management of the Commission should fall into the hands of men who would use the occasion for a job, and grant concessions with an eye to profit. The Commission, however, which the President did appoint was suspended by his order at Vienna for " irregularities" committed by those who controlled the management. The suspension was ordered as the Exposition was about to open, and the assembled nationalities, who were waiting to welcome American representatives of the highest culture, were neither blind nor indif- ferent to the incident, which in some degree concerned them all, and which the indifference of the American Government to the respectability of its agents had allowed to mar the Imperial pro- gramme. For a time the Government, startled by the disgrace, rose to an appreciation of its duty, and the spirited tone of its instructions and volunteered pledges contrasted strangely with its subsequent conduct, when the danger was passed and its assurances forgotten. On the 2 1st of April it had telegraphed, " The Commission must be free from taint. Your action in suspending any suspected party will be sustained, no matter what may be his position. The honor of the country requires thorough examination and decided action," All that skill, tact, and perseverance could do to redeem the honor of the Government and the interest of the exhibitors was well and promptly done by three well-known gentlemen, Colonel Le Grand B. Cannon, Mr. Theodore Roosevelt of New York, and Mr. C. F. Spang of Pittsburg, who without regard to personal convenience placed themselves at the disposal of the President as temporary Commissioners. Within a fortnight they established system and order where all had been chaos : for, as their report showed, the suspended Commissioners had no plans, no records, no accounts. Colonel Cannon and his associates, by their character and bearing, immediately commanded the confidence and regard of the Im- 4 THE AMERICAN FOREIGN S E R \' I C E . perial and foreign Commissioners. But the erections in the Prater by the v^enders of American drinks, whose quarrels and revelations had scandalized the City of the Kaiser, continued to recall the official corruption which had multiplied their number ; and the attempt under cover of our flag to defraud the Austrian customs of duties on private goods improperly shipped by the Government vessels, was succeeded by an attempt of the first assistant to appropriate moneys of the United States. A want of perception of the simplest proprieties has been sometimes remarked in our foreign agents, as in the story told of an American envoy, who accepted a box at the opera from the Premier, and filled it with his domestics. The Government at Washington seemed equally unconscious of the discourtesy shown by unfit appointments to the Austrian Government, the International Com- missioners, and to the world assembled at Vienna. Xor did the Cabinet appear to appreciate the effect of the pro- cedure upon our national reputation, even after an official investi- gation had exhibited the taking of moneys from the grantees of bars and restaurants, and other " irregularities" which were admit- ted and defended by the Chief Commissioner. The President, yielding to complaints and solicitations, rewarded his management by a new appointment as Consul-General. This was represented, not unreasonably, as a virtual announce- ment to Europe that the President, abandoning the ground taken in his order of suspension, now regarded the management of the Chief of the Commission as consistent with the standard adopted at Washington of official fitness and international courtesy. Whatever the motive which induced the Government to make the objectionable appointments, or to reward at the close the Commis- sioner whose theories and practices had been compromising and disas- trous, few stronger illustrations could be found of the demoralizing in- fluences which flow from a disregard of the principle of fitness in for- eio-n appointments. It would seem, too, that the Government had resorted to unusual measures to divert the attention of the country from an incident which the new appointment of the Commissioner had recalled to the recollection of the world. The abstract of the correspondence and report called for and submitted to the Senate was curious alike in its omissions of evidence, its perversion of the report, and its pretended charge against Colonel Cannon and his asso- ciates, a charge formulated and published by the State Department, of being interested in sewing-machines. The Department, when THE AMERICAN FOREIGN SERVICE. 5 called upon to publish the truth, declined, with the remiirk that "the whole subject was painful to the President." This apology, echoing the imperial maxim, the sovereign's pleasure is the high- est law, teaches its own lesson. No incident, perhaps, of the last Administration could throw more light on the character of its policy in the matter of appointments, its treatment of ofTficial incapacity and corruption, and its idea of loyalty to faithful agents, than the scandal at Vienna. It was followed by the reappearance, in the War Department at Washington, of the same habit of taking moneys from the grantees of concessions which the commissioner of the State Department had illustrated and defended at the Austrian capital, and which the Government by its action had seemed to sanction and reward. When General Grant addressed to Congress his last annual message at the close of our Centennial year, the Presidential ques- tion was still unsettled, and it seemed not improbable that the great party which had intrusted to his keeping the honor of the republic had been helplessly wrecked by the errors of his Administration. General Grant had been elected in 1868 by 214 electoral votes against 71 cast for Governor Seymour; and in 1876 that large major- ity had vanished, and the fate of the party hung upon a single vote. There is something in the reflections of the retiring President, as he reviewed and moralized upon his work, and strove to show that the blame was not all his own, which recalls the picture of Marius sitting among the ruins of Carthage. " It was my fortune or misfortune," pleaded the President in a tone of apology and ex- cuse, which the world could hardly have expected from the victor of Vicksburg and Appomattox, " to be called to the ofifice of Chief Executive without any previous political training. . . . Under such circumstances it is but reasonable to suppose that errors of judg- ment must have occurred, mistakes have been made, as all can see, and I admit. . . . But I leave comparisons to history, claimino- only that failures have been errors of judgment, not of intent." The American people, generous to a fault, and never forgetful of military services, will listen to every plea in mitigation offered by the great General, whom, as he plaintively reminds them, they had transferred from the head of the army to the chair of state, with only the training of a soldier to meet the highest responsibilities of a statesman. But the fact remains, that " mistakes were made," and that the Republican party was brought to the very brink of ruin. General Grant's apology, that the mistakes were chiefly due to 6 THE AMERICAN FOREIGN SER\^ICE. appointments being made upon recommendations of the representa- tives chosen directly by the people, goes to confirm the reform policy of President Hayes. But the moral responsibility that rested upon the advasers of General Grant in and out of the Cabinet can not be denied ; and his own language seems to indi- cate that they had left him in ignorance of constitutional prin- ciples and of historic traditions ; of the fact that the power of removal from of^ce is a constructive power, not granted by the Con- stitution, but introduced to meet cases of extreme necessity ; and that Mr. Madison had said that if a President should resort to that power when not required by any public exigency, and merely for personal objects, he would deserve to be impeached. General Grant alluded to Washington, and appealed to history, seemingly unconscious of the facts recalled by Mr. Eaton, that Washington removed but nine persons (except for one cause) ; John Adams but nine, and not one on account of opinion ; Jefferson but thirty-nine ; Madison only five ; Monroe, nine ; and J. Q. Adams, two. It was not till the time of Jackson that there commenced a system of political proscription and appointment for partisan service, or for personal fealty to party leaders — a system which Webster denounced. " Sir," he said, and w^e know the extent to which the prediction has been recently verified, " if this course of things can not be checked, good men will grow tired of the exer- cise of political privileges. They will have nothing to do with pop- ular elections. They will see that such elections are but a mere selfish scramble for office, and they will abandon the Government to the scramble of the bold, the daring, and the desperate." Among the noticeable acts of General Grant bearing upon our foreign policy, was one that seemed to imply a strange forgetfulness of Mr. Monroe's declaration made in 1823, touching foreign inter- vention in this hemisphere, a declaration that accorded perfectly with the maxims bequeathed to us by Washington. The country held with Mr. Webster, that it was " wise, prudent, and patriotic," and the spirit of that declaration lives to-day in the national senti- ment. Recognizing the important differences between the political sys- tems of Europe and America, we take no part in the wars of Europe in matters relating to themselves, and we expect a similar reserve on their part in regard to affairs in this hemisphere, with which we arc immediatch' connected. THE AMERICAN FOREIGN SERVICE. J Mr. Webster in his speech on the Panama Mission in 1826 said : " This declaration of Mr. Monroe did great honor to the principle and spirit of the Government. It can not be taken back, retracted, or annulled without disgrace. It met, sir, with the entire concurrence and hearty approbation of the country. I look on the message of December, 1823, as forming a bright page in our history. I will help neither to erase it nor tear it out ; nor shall it be by any act of mine blurred or blotted. It did honor to the sagacity of the Government, and I will not diminish that honor. It elevated the hopes and satisfied the patriotism of the people. Over those hopes I will not bring a mildew, nor will I put that gratified patriotism to shame." — Webster s Works, iii., pp. 203, 204-5. Unfortunately, President Grant and his Cabinet do not seem to have shared Mr. Webster's scruples. On the 21st of January, 1876, the President submitted to Congress some correspondence about Cuba, including an elaborate letter from Mr. Fish to Mr. Cushing (No. 266, Nov. 5th, 1875), in which Mr. Cushing was told that the President " feels that the time is at hand when it may become the duty of other Governments to interfere solely with a view of bring- ing to an end a disastrous conflict, and of restoring peace on the Island of Cuba." General Grant, during the civil war, occupied as he was in the field, had perhaps hardly understood or appreciated the indig- nation awakened in the country at the threat of foreign inter- meddling in our affairs. The tone of the instructions to Mr. Cushing justifying the intervention of the Great Powers in the diffi- culty between Spain and her colony, renders it improbable that the Cabinet had recalled to the attention of the President the language of Mr. Seward, when it was known that Louis Napoleon, on similar grounds, was endeavoring to persuade England to a similar step, for ending the conflict and restoring peace between the United States and the Southern Confederacy. In furtherance of the scheme of intervention suggested in the letter to Mr. Cushing, a copy of the letter was on the 5th of November addressed to General Schenck at London, with an instruction to communicate its conclusions to Lord Derby. It was announced from Washington that " similar letters were addressed to the United States Ministers at Paris, Berlin, St. Petersburg, Vienna, and Rome ; and instructions given to ask in effect the moral support of the Governments to which they were accredited." The correspondence contained no responses from any of the representatives to whom the instructions were sent to be read to their respective Governments ; and it is believed that those responses have never been laid before the country. 8 THE AMERICAN FOREIGN SERVICE. The Journal dc St. Pc t cr sbcnir g '^xoh'dkAy expressed the sentiments of the Russian Government when it remarked, " European inter- ference in the present state of the Cuban affair is unnecessary. . . . Europe is not interested. . . ." It was remarked at home that " an apphcation from Prince Gortschakoff for the aid of our Government in adjusting the differ- ences in Herzegovina would not be a whit more grotesque than such an application to Russia to interfere for the pacification of Cuba." Statistics were presently published, showing that our commerce with Cuba had of late increased instead of declining, and that America felt as little interest as Europe in the proposed interven- tion. The scheme quietly passed, but certain questions raised by this extraordinary procedure remain unanswered. Why, it was asked, should the President, when our trade with Cuba was increasing, and when the country was entirely calm, inaugurate, without the advice of Congress, a scheme so offensive to a proud people and so likely to eventuate in war? Why did he address to Spain, as justifying foreign intervention in her struggle with her colony, reasons which we denounced and resented when they were urged to sustain the pretended right of European Powers to intervene in our quarrel with the revolted States? Why, if the President really believed that it was the right and the duty of the American people, for the protection of their citizens and their commerce, to secure the peace of Cuba and to prevent its interruption by Spain, did he not submit the matter to Congress for its decision, instead of soliciting the moral support of the European Powers ? And what plea or apology could the Cabinet offer for inviting those Governments, from London to Vienna, and from St. Petersburg to Rome, to interest themselves in an American question, and to consider the expediency of their intervening to decide the destiny of a Spanish colony in the Western World ? The grave inconveniences that may arise from the withholding of correspondence and information of national interest have been more than once illustrated during the term of General Grant. The Department issues yearly one or two volumes of selected correspondence on our " Foreign Relations." But correspondence has often been withheld which the country should ha\'c had at the earliest moment. The right assumed and exercised in the Vienna case, to withhold correspondence and reports disclosing official THE AMERICAN FOREIGN SERVICE. ;^ irregularities," and thus to suppress and misrepresent the truth m cases where loyalty to its agents demanded that it should be known, and the assumed right to do this on the ground that the matter was painful to the President, is a right which, if acknowl- edged and permitted, would allow a government to falsify as in that case, the facts of history. " Political history," says Sir George Cornewall Lewis in his learned treatise on the Method of Observing and Reasoning in Politics, IS a register of political facts;" and in support of this definition he quotes Vossius, Creuzer, and M. Dannon, who says that the facts comprehend, in the first place, the designs, project or enterprise; then the action or progression, with their attendant circunnstances; and, in the third place, the event or consequences with distinction between that which is fortuitous and that which proceeds from a known cause." If history is philosophy teaching by example, then the lesson taught by an event may be lost if incidents essential to the story have^been misrepresented or concealed. The causes that led to the irregularities ' at Vienna, should be known, that they may hereafter be avoided. ^ ^ The pronounced success of the Centennial Exhibition gives increased mterest to the announcement that President Hayes and Mr Evarts warmly favor the fitting representation of the United States at the approaching Exhibition at Paris. The country will expect this time a triumph and not a scandal, and this will depend upon the appointees and the rules given to them. We mi<.ht expect something in the way of bad manners, were the State De- partment to give commissions to men such as some of those selected for Vienna, of whom the Chief Commissioner testified • " I have repeatedly stated to different Assistant Commissioner^ when I appointed them, that I held in my hand the power of suspension, which I should not fail to exercise at Vienna if I had good reason to beheve them guilty of any impropriety." A good deal, too, might be anticipated in the way of immoral theories and cor- rupt practices, should the Chief Commissioner to Paris advise his assistants that to borrow from the grantee of a pri^-ilege was "a purely commercial transaction, like borrowing from a bank or any mdividua ; and if it were known in advance that a management conducted on this principle of concessions on the one side and loans and percentages on the other, would be sanctioned, approved and rewarded at Washington. General Grant could hardly have appreciated the demoralizing lO THE AMERICAN FOREIGN SERVICE. influence exerted by the attempt to cover up the Vienna irregu- larities, and to divert pubHc attention from the actual facts ; and it is to be hoped that it was not by his order that all previous mis- representations of the matter, especially those contained in the abstract furnished to the Senate, and in part given to the world, have been eclipsed in their disregard of historic truth by an ofificial statement contained in the " Reports of the Commissioners of the United States to the International Exhibition, held at Vienna, 1873. Published under the direction of the Secretary of State, by the authority of Congress," etc. Wasliington, 1876. 4 vols. 8vo. Under the head of " United States Commissioners to the Inter- national Exposition," vol. i., p. 156, is this note : "Thomas B. Van Buren was appointed Commissioner June loth, 1872, and served as Chief of the Commission until May loth, 1873; he was succeeded by Jackson S. Schultz, who served until July 5th, 1873." There is no mention of the Temporary Commission, and if this note were true, there could have been no break for a Temporary Commis- sion to fill, since it is distinctly said that Mr. Van Buren served as Chief of the Commission until May loth, and that he was suc- ceeded by Mr. Schultz. But this statement is inexact. Mr. Van Buren was suspended from his ofifice on the 24th of April, and was succeeded by the " Temporary Commission," who were on the same day invested by the President " with all the Powers heretofore vested in General Van Buren." What the "Temporary Commis- sion," who are thus summarily ignoied in the official report, accom- plished under unparalleled difficulties will appear by the report of Colonel Cannon on the 14th of May, and the official correspond- ence, which, although called for by the House of Representatives on the 20th of March, 1876, have not yet been brought to light. The easy morality which, in an official record, consents to tam- per with historic truth, seems to inspire a mistrust more frank than courteous, and the printed correspondence on the Catacazy affair contains a telegram which was reported to have elicited from the Emperor Alexander the exclamation, "Do they doubt my word?" Mr. Curlin, in September, 1872, when the President had requested the recall of Mr. Catacazy, had telegraphed: "The Em- peror requests the President to tolerate the presence of Mr. Cata- cazy until after the visit of the Grand Duke, and tlioi he will be recalled^ The Department replied: "The President has decided to tolerate tlie present minister until after the \isit of the Prince. That i)ii)iistcr ivill then be distnissed, if not reealled." ^T H E AMERICAN F O R E I Ci N SERVICE. II It is the more desirable that the Commission to be appointed to France shall be composed of eminent gentlemen, bent upon the advancement of our highest interests, for the reason that as re- gards foreign Powers the past Administration contributed as little to the success of the Exhibition at Philadelphia as it had done to that of Vienna. When Congress enacted that our Centennial should be celebrated, under its auspices, by an International Ex- hibition, it intrusted to the President the task of securing the co- operation of foreign Powers. The world was invited by proclama- tions and diplomatic notes, and was advised that no exhibitors would be received unless their respective governments should accept the invitation, and appoint Cofnmissions. The proclama- tion was cordially received ; the nations hastened to respond ; and Prince Bismarck replied, " The German Empire accepts with sin- cerest thanks the invitation of the Government of the United States." Soon came an unlooked-for change in the readiness of foreign Governments and manufacturers to assist at the Exhibition, and a coolness and distrust succeeded the cordiality with which it had been welcomed. Among the Powers which were understood to have declined to come was Russia ; and the question was asked through the press if her refusal could be connected with the treat- ment of Alexis. To this, Governor Jewell, at that time a member of the Cabinet, promptly responded, and disclosed the fact that, after the first invitation had been given, and when it had been already accepted by some Powers, a new instruction to our ministers that the Powers were not invited by our Government, put a different face upon the matter. He had accordingly advised the Court at St. Petersburg that "while the United States urged other nations to attend and contribute to our Exhibition, our Government was not responsible for it, and that it was not a national affair. . . . He was told in reply that under no circum- stance could Russia accept such an invitation from private persons or a private corporation. Governor Jewell explained that the auto- cracy of Russia can hardly understand how our Government can ask them to accept such an invitation." Congress, on learning of this curious overture, was able in part to avert its consequences by passing a new act, directing an invitation in the name of the Government ; and at the last hour Russia came with an admirable exposition, whose beauty and completeness showed her progress in art and the taste and skill of her Commission. 12 THE AMERICAN FOREIGN SERVICE. As the rule touching governmental acceptance of foreign invita- tions, referred to at St. Petersburg, is recognized by all Govern- ments including our own, the President might properly have advised the country of the grounds on which he denied a national character to the Centennial Commission, while he still urged the Great Powers to accept its invitation as that of a private body, whose claim to a national character the American Government declined to recognize. That the President really regarded the Centennial celebration as a private affair, seemed to be shown by his " regrettable absence," as Vice-President Ferry expressed it, on the Centennial Fourth of July, when Mr. Evarts delivered his memorable oration. As our Government, through the President himself, had invited all Governments and peoples to assist at that historic commemoration, in whose honor came the Emperor of Brazil and the diplomatic representatives of foreign states, magnanimously led by the accom- plished Minister of Great Britain, the term applied by Mr. Ferry to the absence of the President mildly expressed the feeling occasioned by the non-presence of the head of the republic. The settlement of the long-pending Alabama question by inter- national arbitration will be regarded as the chief diplomatic achievement of the late Administration. Time, it may be hoped, will soften the regret, which in England has not yet faded into forgetfulness, that the pleasant feeling — so happily restored by the coming hither of the distinguished gentlemen of the English Com- mission, by the apology frankly tendered by the proudest Govern- ment of Christendom, and by the harmonious conclusion of the Treaty of Washington — should have been interrupted b)^ the cpics- tions raised on the American case presenting for adjudication the indirect claims. In view of the position ncnv held by Mr. Evarts, who led our able counsel at Geneva, it ma)' not be improper to state, although the remark is made without his knowledge, that the responsibilil}' of the presentment of those claims did not rest with that gentleman. Looking back at the determination reached b\' I\ngland to with- draw from tile arbitration I'ather than consent to the sulmiission of those claims, it is clear tliat the\- would lia\e pt-rileil the treaty itself, but for the action of the tiihunal, which announced 1)\- its president, at their opening session, tliat in their judgment the indirect claims were excluded from consideration. THE AMERICAN FOREIGN SERVICE. I3 It is too soon to judge of the Administration of General Grant with the impartiality of history, but it is not too soon to note for avoidance in the future the mistakes to which he has alluded. The recent correspondence with Great Britain on the subject of extradition has two noticeable points : one, the unusual manner of the President's announcement of the question of construction raised by England ; the other, the extent to which the doctrine put forth at Washington imperils the liberties of foreigners who come hither to escape political, religious, or military persecution. The President in his message to Congress referred to the action of England in asking a prior assurance that Winslow should not be tried for any offense but that for which he was demanded, as " the menace of an intended violation or refusal to execute the terms of an existing treaty," and gave Congress to understand that the British Govern- ment had based its refusal and demand " on the requirements of a purely domestic enactment of the British Parliament passed in the year 1870." The President in making this statement omitted to advise Con- gress that Lord Derby had virtually disclaimed for Great Britain the grounds thus imputed to her, and had maintained that her right to protest against any extradited person being tried for other offenses existed without the Act of Parliament, under the general law and the general opinion of European nations, of which the Act of Parliament was declaratory. In view of the frankness and ex- plicitness of Lord Derby's disclaimer, the announcement to the American people that England menaced us with a violation of a treaty, because she declined to adopt General Grant's view of the law of extradition, in opposition to the international law of the Continent ; and the further announcement that she rested her men- ace on a domestic act of her own Parliament, seem open to criti- cism. Lord Clarendon remarked " that the one special art required in diplomacy is to be perfectly honest, truthful, and straightforward ;" and when the national honor is at stake, it is safe to avoid the slight- est deviation from an honorable frankness, and to remember with Burke that "A great empire and little minds go ill together." The second point touches the rule itself, and as General Grant had al- ready recognized the reasonableness of the rule contended for by England, and had consented to its incorporation in a new treaty, the rule being in fact of even more importance to America than to Eng- land, it is not apparent why the impossibility of our giving the assurance asked for by England, from the want of power in the Executive, was not promptly adjusted by a new treaty or an addi- 14 THE AMERICAN FOREIGN SERVICE. tional article. The rule was laid down at Washington (Foreign Relations for 1876, page 215), that under the Treaty of 1842 "there is no agreement expressed or implied that he [the person sur- rendered] may not be also tried for another offense of which he is charged, although not an extradition offense. He is in fact delivered up to justice, and, in the absence of any limitation by treaty, to justice generally; each independent state being the judge of its own administration of justice." This rule, while perhaps practically harmless as regards England, seems to recognize as belonging to Continental and other gov- ernments a power to deal with surrendered persons for other than extradition offenses ; and that is a power from which they are at present debarred by the international law of Europe, which, as de- clared by Foelix, Dallay, Kluit, and Heffter, and as expounded by the Lord Chancellor of England, forbids a person who has been surrendered on one charge from being tried upon another. The new rule, if allowed to stand, will overthrow the assurance conveyed by the language of Mr. Webster, that the treaty confined to offenses which all mankind regard as heinous would endanger no man's liberty on account of " political or criminal charges arising from wars or intestine commotions, treason, misprision of treason, libels, desertion from military service, and other offenses of a similar character." The European press are already conscious of the fact that with President Hayes and his Cabinet comes a policy of civil service in- spired by the conviction that the government of a nation — the grandest combination of human forces — should not be perverted to partisan and private ends. Under our recent system, as thoughtful American travelers have been unpleasantly reminded, the states- men and the press of Europe have pointed to the republic as tend- ing downwards ; and an English writer, eulogizing the civil service of England, and illustrating it by contrast, says, " It has ne\'cr been servile, like that of Russia. It has never been bureaucratic, like that of France. It has never been corrupt, like ihat of America." The question asked by those who hope for civil ef )rm is, whether it is to be a permanent reality, or simply a fleeting vision that will fade before the assaults of skillful politicians and the indifference of an apathetic people. The suggestion of a civil service which shall seek throughout the country for men of character and culture, and confer the national appointments on the ground of merit and fitness, will l)c- ranked by man\' with the iinp(>ssil)]e x'isioiis with which THE AMERICAN FOREIGN S E R \M C E . 1 5 speculative philosophers and amiable enthusiasts have for ages at- tempted to amuse and ameliorate the world. Astute political leaders, who work by primaries and caucuses and wire-pulling and conven- tions, accustomed to appropriate and distribute, as the spoils of vic- tory, appointments in the home and foreign service, may naturally regard the proposed reform as a personal wrong, and a scheme alike fanciful and impossible. They may rank it with the fables of the past, with the reign of Saturn, and the Golden Age, the Islands of the Blessed, the Perfect State of Plato, the Utopia of Sir Thomas More, the Oceana of Harrington, Fenelon's Happy Land of Bastica, the Happy Valley of Rasselas, the Republic of Philoso- phers (attributed to Fontenelle), the Subterranean World of Nicholas Klinius, or the Coming Age of Bulwer Lytton. They may ridicule it as a chapter of political romance, a story of the New^ Atlanta, possible only in an age of purer simplicity than the present, where the people are all to be virtuous and happy, free from luxury and ambition, dwelling in peace and plenty, with politics unnecessary and war unknown, and lawyers prohibited ; where they will have no use for money, and place no value on gold, silver, or precious stones; where the blessings of nature shall be all collected, and its evils all excluded. But with the solution before them of gigantic problems which seemed insoluble, the American people, not of one party alone, but the worthiest members of all parties in all sections of our common and reunited country, will be deterred neither by threats nor ridi- cule from demanding a return to the maxims and the example of Washington. No statesman who deserves the name will desire to defeat the reform, and the more acute Republican politicians, who had so nearly murdered the party, will have to face that fact, when- ever they seek a revival of a scheme fraught with ofTficial corrup- tion, national calamities, and governmental disgrace. The exter- mination of the spoils system, with its demoralizing influences, its " mistakes" and melancholy results, its postponement at home of national harmony and national prosperity, its loss so sensibly felt in our foreign service of national prestige, has become the question which confronts us as we enter our second century, and are told that the country can not stand a return to the rule and practice pre- scribed by the Constitution. " Our government," said Mr. Web- ster, " can stand trial, it can stand adversity ; it can stand any thing but the marring of its own beauty and the weakening of its own \ strength." \ \ LIBRARY OF CONGRESS IllllllliiilllllilllllJIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THE 013 786 569 5 • INTERNATIONAL REVIEW. lew Qotih und Randan ^eviiiw. e:]>i:t]ve]vt coivthtbxjtoks orv both isii3e:s The general object of this Review is the able, impartial, and popular discussion of the prominent topics of the time, literary and scientific, religious and political, national and international. The Review is published bi-monthl)', thus enabling it to present to its readers articles upon the .chief matters of public interest, while they are fresh and engrossing. As an international literary enterprise, the Review fills a place hitherto unoccupied by any serious periodical published on either side of the Atlantic. 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