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The mission at Stockholm was but that of a chargé d'affaires, the full salary of which was $4,500 per annum. One-half of that salary has already been allowed to this memorialist for the time he acted as chargé d'affaires. To allow him the additional compensation now asked would be a departure from the previous practice in such cases, which the committee are not prepared to recommend. They therefore ask to be discharged from the further consideration of this claim.
[See p. 646.]
August 3, 1854.
[Senate Report No. 390.)
Mr. Mason made the following report:
The Committee on Foreign Relations, to whom was referred the memorial of Joseph Balestier, late special agent of the United States in Asia, have had the same under consideration, and report:
That in March, 1852, Mr. Balestier presented a memorial to Congress, praying the allowance of certain expenses incurred by him in the performance of the duties of his said agency, previously rejected in the settlement of his accounts at the Department of State, and also for an extension of the time for the continuance of his salary. In that memorial no claim whatever was asserted for reimbursing the premium of exchange upon London now demanded. In the general civil and diplomatic appropriation act of that session full provision was made for all the claims then asserted.
If this claim were a just and proper one, it should have been presented in the first memorial, together with the others rejected at the Department, without some good reason for the delay in its assertion, which does not appear either in the memorial itself or the papers accompanying it. The committee are not disposed to reopen this case. Such a precedent might, and probably would, lead to great inconvenience, by holding out an inducement to claimants, under various pretexts, to continue to besiege Congress, from year to year, for additional allowances, even after all to which they were justly entitled had been previously granted. They therefore ask to be discharged from its further consideration.
August 3, 1854.
(Senato Report No. 391.)
Mr. Mason made the following report:
The Committee on Foreign Relations, to whom was referred the memorial of H. Gold Rogers, late chargé d'affaires of the United States at Sardinia, have had the same under consideration, and respectfully report:
That it appears from a letter of the Secretary of State, dated July 18, 1854, and written in reply to inquiries made of him by the committee, that "the claims preferred in this memorial have been urged by Mr. Rogers for many years with singular pertinacity, and have been considered and decided by this Department and by the proper accounting officers of the Government again and again. They have
H. GOLD ROGERS-J. G. SCHWARR.
been definitely settled by the Fifth Auditor, and everything that could properly be allowed has been allowed and paid to him."
The committee find that the Committee on Foreign Affairs of the House of Representatives, during the first session of the Twenty-ninth Congress, made a report (No. 308) on this claim adverse to the prayer of the memorialist, to which the committee beg leave to refer and adopt as part of this report, and for the reasons therein set forth ask to be discharged from the further consideration of the subject.
[In the House of Representatives, February 18, 1846.] The Committee on Foreign Affairs, to whom was referred the petition of H. Gold Rogers, have had the same under consideration, and ask leave to report:
That the memorialist was late chargé d'affaires to the court of Sardinia, and has preferred claims against the Government of the United States for the sum of $4,500 as outfit, and the further sum of $1,000 for the expenses of his journey from Turin to Genoa, relative to the commission and exequation of an American consul; and the further sum of $2,250 as infit, or to cover the expenses of his return from his station mission, and 8 per cent upon the amount.
The committee have examined a statement of the settlement of Mr. Rogers's accounts, by which it appears that he has been allowed and paid an infit as chargé d'affaires to Sardinia upon the expiration of his term of service. His claim to a separate outfit of a chargé d'affaires, for and in virtue of his journey to Genoa, is in violation of justice, reason, and usage, and ought not to be allowed. His claim for his expenses covers a number of extravagant and unreasonable items, which have no sanction from the usages of the Government. It has been twice examined and both times properly rejected by the Department.
The committee recommend the disallowance of the entire claim of Mr. Rogers.
August 3, 1854.
[Senate Report No. 392.) Mr. Mason made the following report:
The Committee on Foreign Relations, to whom was referred the petition of J. G. Schwarr, late consul of the United States at Vienna, praying compensation for diplomatic services, have had the same under consideration, and respectfully report:
The petitioner sets forth in his petition that from the departure of Mr. Stiles, United States chargé d'affaires at Vienna, on the 1st of August, 1849, to the arrival of General Webb, 10th of February, 1850, and from the departure of General Webb, on the 8th of May, 1850, to the arrival of Mr. McCurdy, his successor, on the 13th of March, 1851, embracing in all a period of sixteen months and a half, he had charge ‘of the archives of the United States legation, and during that period transacted all the occurring diplomatic business of the legation.
It appears, however, from a letter of the Secretary of State dated July 25, 1854, in reply to one of inquiry by the committee, “that Mr. Schwarr was never called upon by this Department nor required to perform duties of a diplomatic nature, and that it does not appear from the files of the Department that he did perform any such duties. Ilis functions were consular, and it was in a consular capacity alone that he corresponded with the Government of the United States; and further, that the appointment of Mr. Schwarr was never confirmed by the Senate. The committee see no reason for making the compensation asked for in this case, and ask to be discharged from its further consideration.
THIRTY-THIRD CONGRESS, SECOND SESSION.
February 15, 1855.
(Senate Report No. 5:30.]
Mr. Mason made the following report:
The Committee on Foreign Relations, in compliance with the resolution of the Senate of December 27, 1854, instructing them" to inquire and report whether any, and what, compensation should be allowed to Commodore M. C. Perry for his diplomatic services in negotiating a treaty with the Empire of Japan," have had the subject under consideration, and now report:
From an examination of the correspondence relating to this negotiation, the committee are satisfied that the services rendered by Commodore Perry were of a highly important character in opening to the enterprising commerce of our country channels not only hitherto unexplored, but sedulously closed by the jealous and timid policy of an isolated and secluded race. And the correspondence shows, in the opinion of the committee, that the Government was fortunate in the selection of the officer to be sent on this distant and difficult mission. Former attempts made by other nations had shown that the great obstacle presented to negotiation was in the refusal of access to the Japanese Government, and it was necessary, therefore, that the mission should be attended by a large and imposing force.
A more complicated organization would have required a minister of highest rank, with the usual attendants, and a naval force sufficient to make his demand for communication with the Japanese authorities respected, and the committee readily concede that the important ends in view would have fully justified the expenditure necessary to such a mission. Yet the whole has been fully and successfully accomplished by the more simple form of confiding to the officer in command both military and diplomatic powers. The results are, that while heretofore not only was all commerce forbidden to our countrymen with the people of Japan, and they were not even permitted to land, but when thrown upon their coasts by shipwreck they were subjected to cruel and barbarous imprisonment, now the treaty provides as its first fruits that two ports shall be open to our commerce, with permission for an American consul to reside at one of them; that wood, water, provisions, and coal shall be furnished to our ships; that our shipwrecked mariners shall be carefully and hospitably treated and carried to the ports open to our trade; that there shall be permanent peace between the two countries; and that if hereafter any other or greater privileges shall be granted to any other nation, ours shall be at once equally admitted to their enjoyment.
The committee consider that these concessions will become of great value to the commerce of the country, and will insure the future safety of our countrymen who may be hereafter shipwrecked in those remote seas.
In order to effect the high objects of his mission, it was necessary that Commodore Perry should visit twice, with his whole squadron, the islands of Japan. The usages and peculiarities of that people also required a liberal, and even ostentatious, display of hospitality by their (at first) unwelcome visitors, and, although funds were placed under his control by the Government which might with propriety have been used for such purposes, yet, with dignified and becoming
prudence, Commodore Perry declined so to use them, and himself defrayed the expenses incidental to his visit.
For such expenses it would be impracticable to obtain vouchers, nor perhaps would it be easy accurately to state an account, were the committee disposed to exact it. They agree fully in opinion that, except on occasions of importance to justify it, officers in the service of the Government should not receive extra allowances when employed on service not strictly within the line of their official duties; yet the committee think the present occasion calls for some relaxation of the rule, and that, besides a full reimbursement to the officer of all expenses he may have incurred, some testimonial may also be safely given (without risk of precedent) to show a just appreciation by Congress of the discreet, able, and successful conduct of the important affairs committed to him.
As a measure for such reimbursement and compensation, the committee have been to some extent governed by what would have been the necessary expense of sending a minister of highest grade on the mission to Japan, deducting therefrom the pay and emoluments of an officer in cominand of the squadron at sea, and which they find would bring the amount to about $20,000, and they report a bill accordingly.
[See pp. 667, 671, 682, 683.]
February 15, 1855.
[Senate Report No. 521.] Mr. Mason made the following report:
The Committee on Foreign Relations, to whom were referred the petitions of Peter Parker, esq., secretary and interpreter to the United States legation in China, and of Horatio J. Perry, secretary of the United States legation to Spain, praying compensation for diplomatic services, have had the same under consideration, and now report:
It appears from the memorial of Mr. Parker that he was placed in charge of the United States legation at Canton by Mr. Marshall, late commissioner of the United States to China, on January 12, 1854, the date of his departure from Canton, and that he performed the duties of the legation as chargé d'affaires ad interim from that time to the 14th of April following, when Mr. McLane, the new commissioner, arrived in that city and entered upon the duties of the mission; that during that period—two months and eighteen days-he only received the compensation of secretary and interpreter to the legation; and prays that he may be allowed the difference between it and the compensation of a chargé d'affaires for the time he performed the duties of that office.
The Secretary of State, in a letter addressed to the chairman of the committee, under date of January 12, 1855, fully sustains the statements of the memorial.
The memorial of Mr. Perry shows that on three several occasions, viz, from July 3 to October 24, 1852; from May 11 to June 21, 1853, and from September 4 to October 22, 1853, embracing in all a period of six months and twenty-three days, the charge of the legation to Spain was devolved upon him and he required to perform the duties and incur the expenses of a chargé d'affaires ad interim, for which he has only received the compensation of a secretary of legation. Perry also asks that he may be allowed the difference between the compensation of a secretary of legation and that of a chargé d'affaires for the several periods during which he acted in the latter capacity. The statements of this memorial are also fully sustained by a letter from the Secretary of State dated February 5, 1855.
Regarding the principle as established by legislative usage to allow the compensation of a chargé d'affaires to secretaries of legation temporarily performing the duties of that station for the time so employed, the committee report a bill in favor of the memorialists and recommend its passage.
February 17, 1855.
[Senate Report No. 525.)
Mr. Slidell made the following report:
The Committee on Foreign Relations, to whom was referred the memorial of Robert M. Hamilton, United States consul at Montevideo, praying compensation for diplomatic services, have had the same under consideration, and now report:
That this claim was referred to the committee at the first session of the present Congress, and, after a full and careful examination, reported upon adversely. The additional papers filed with the present application relate only to matters which were fully considered by the committee at the last session, and they find nothing in them to change the views then entertained. They then adopt and reaffirm the report in this case made July 1, 1854, and ask to be discharged from the further consideration of the subject.
[See Senate Report 336, Thirty-third Congress, first session, p. 661.]
[See p. 695.)
February 20, 1855.
[Senate Report No. 534.] Mr. Mason made the following report:
The Committee on Foreign Relations, to whom was referred the memorial of George P. Marsh, late minister resident of the United States to the Ottoman Porte, praying compensation for extra duties performed by him on a special mission to Greece, and for judicial services, under the act of August 11, 1848, have had the same under consideration, and now report:
Mr. Marsh's memorial is in the following words, viz: Memorial of George P. Marsh, of Vermont, asking an appropriation for the com
pensation of his services as minister resident to the Ottoman Porte, under the act of August 11, 1848, imposing judicial duties on the minister, and of his services under a special mission to the Government of Greece. To the honorable the Senate and House of Representatives of the United States in
Your memorialist, a citizen of the State of Vermont, respectfully represents that upon the 29th day of May, 1849, he was appointed minister resident to the Ottoman Porte, and having entered upon the duties of his mission he continued in charge of the same until the 19th day of December, 1853, when he had his final andience of leave.
By an act of Congress approved on the 11th day of August, 1848, certain judicial duties were imposed on the commissioner of the United States to China, the minister resident of the United States to the Ottoman Porte (sec. 22), and the