Mcmath to William H. Seward, November 16, 1868

Mr. McMath to Mr. Seward.

Sir: In reply to your dispatch No. 38, dated the 12th ultimo, I have the honor to transmit herewith a copy of so much of the sanitary circular as relates to the question of precedence which has arisen among the members of the representative corps in this city. In submitting this lengthy paper I deem it proper to offer a few remarks which I consider necessary to a proper understanding of the question.

Previous to the advent among us of the minister of France, and for some time thereafter, the corps of representatives was guided in all matters of business and ceremony, either among themselves or collectively, with the Moorish authorities, by the rule of perfect equality, except in the single instance of attending in a body the funeral of a deceased colleague or other foreign employé.

In matters of business which require the presence of all chiefs of missions, they met, turn by turn, at the residence of each other; and when it became necessary to make a collective written representation to the Moorish authorities, the chief at whose residence the document was written would first sign, and the rest would follow in alphabetical order in the French language. You will oblige me by referring to my dispatch No. 27, dated May 15, 1865, and you will see a copy of “the collective opinion of the representatives of foreign powers in Morocco,” addressed to the minister of foreign affairs. That opinion was written at the residence of the Belgian consul general, and signed by us in the order mentioned. Up to that date and until after we had signed the convention concerning Cape Spartel light-house, and even subsequent to that transaction, the old rule of perfect equality without distinction of grade had been adhered to by all the representatives, with the single exception above mentioned. Anterior to the date of the convention of 31st May, 1865, between his Majesty the Sultan and the Christain powers, and while the same was in course of preparation, it became necessary for its accomplishment to hold conferences for the purpose of perfecting it and the “regulations,” for the control and maintenance of the light-house. They were held turn by turn at the residence of the several representa fives taking part in the convention. The minister of France participated on terms of perfect equality at the respective legations and consulates. He consented to the regulations which gave the presidency of the commission to each of the representatives in alphabetical order, commencing with the consul general of Belgium, and after its form and the regulations made in pursuance of its terms were completed, adherence to the old rule caused us to meet at the residence of the Belgian consul general for the purpose of signing and sealing the same. It was signed and sealed in the order indicated, commencing in this instance with the copy for Austria—the English minister is the agent general for that power; and I am not aware that any objection was raised by the minister of France to this manner of transacting business, in which all had an equal and common interest, and which involved a question of ceremony as well. The convention was exchanged at the ministry of foreign affairs; on that occasion the first exchange was made and certified between Morocco and Austria, other nations following in the order mentioned. It is certainly strange that he did not assert the privilege of his high grade on these several occasions, and be first in business and ceremony. The Morocco board of health, a creation of one of the former Sultans, is composed of the representatives of foreign powers. Its presidency passes monthly by turn to each chief of mission. If the treaty of Vienna, to which the Sultan is not a party, gives precedence to the minister of France, in that event he would become not only the permanent president of the board of health, but of the international commission as well, simply because that treaty applies to matters of business as well as ceremony, and the minister has already declared, as you will see, that he will never go to an official reunion at the house of any of us. In view of the past I do not think his official dignity would be compromised if he were in the future to attend reunions at the residence of those whom he is pleased to designate as his true colleagues, or that other class whom he regards simply as commercial agents. “Everything for the minister, the minister for France,” seems now to be his motto. While writing my opinion in the circular I had my mind fixed on the business matters above mentioned, but I made no reference to them, I did declare a fact with regard to the first ceremonial visit, and I then assumed the position that the minister was not our dean, and I still think he is not, in the sense that he uses the word. No one will know better than yourself whether or not I was accredited by President Lincoln to his Majesty the Emperor of Morocco. The minister thinks I was not; for he declared in the presence of all the chiefs that a number of us had identically the same positions as a consul general—commercial agent—under the orders of a legation in a capital. I claim that our official positions—and I now speak of consuls general chiefs of missions—in this country are quite different from what they would be if we were residing in a civilized country, and invested with the same title which we hold here. This difference, however, does not arise from title, but from the exceptional state of society in which we find ourselves charged with complex functions and extraordinary powers under our titles. The minister of France is not, nor from the nature of things can he be, the repository of a greater trust, or charged with greater responsibility. He is a minister, and also a consul, and he discharges daily or when necessary the duties pertaining to the latter office. We are called upon to discharge the duties of a higher grade, but we receive the designation of a lower one.

No one denies his high grade, but I feel safe in saying none of his colleagues, true or otherwise, would consent to sink their official character in the presence of the minister of foreign affairs and let him be their collective mouthpiece. We stand upon an equal footing before this government, and the minister of foreign affairs treats us all with the same degree of respect and consideration. I am a consul, but I am designated by everybody as a consul general. The minister of foreign affairs shows me the same respect and esteem that he shows to the minister of France, for the simple reason that while the latter is charged to confer with him on matters pertaining to France, I am charged to confer with him on matters pertaining to the United States. The minister of foreign affairs looks no further.

Throughout this controversy I have been guided by the single consideration of maintaining intact the dignity of the representative of the United States in this country. Nothing more, nothing less.

I have the honor to be, sir, very respectfully, your obedient servant,