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To: rustbucket
Confederate hand from the grave strikes capitan_refugio.

Strikes and misses from the looks of it. Let's examine your 'evidence'.

"All of these agents but one had been recognized by the Government of the United States by exequatur as the duly authorized agents of the foreign governments by which they were respectively appointed, at a period antecedent to that when the several Confederate States revoked the powers previously delegated to the United States, and under which the Government of the United States controlled the relations, whether diplomatic or commercial, which grew up between those States and foreign countries."

So it looks like he is referring to those foreign representatives that were there prior to the rebellion, when the confederacy revoked the existing exequatur's.

"According to well-recognized principles, both of public and private law, these agents of foreign governments having been recognized as such by the agent of the several Confederate States prior to the revocation of the powers delegated to that agent, remained so recognized after the revocation, It was and is undoubtedly within the power of this Government, as it is within the power of all governments, to decline permitting the above-mentioned agents to remain within our limits, but for obvious reasons the exercise of such a power has been deemed unwise and impolitic. The one agent who is excepted from these remarks is Ernst Raven esq., who was appointed consul for the State of Texas by his highness the Duke of SaxeCoburg and Gotha, and wire applied to this Government for an exequatur on the 30th of July, 1861."

Looks like Benjamin is saying that it is probably in the confederacy's best interest to allow those formerly recognized by the U.S. to continue their work. But for some reason he excluded Ernst Raven from that.

"It is proper to add that a short time ago it came accidentally to the knowledge of the Department that a certain Baron de Saint Andre had assumed the functions of consul or consular agent for the French Government at the port of Charleston since the establishment of the Confederate Government and without applying for an exequatur to this Department. But just at a time this information was received intelligence was also received that Baron Saint Andre had left Charleston with his family for the United States with the probable intention of returning in the autumn. In the event of such return, proper action will be promptly taken by the Department to repress the offensive assumption of consular functions by a foreign agent without the sanction of this Government."

Oops, looks like Baron St. Andre, the self-appointed counsel to Charleston, has skipped town never to be seen again. Ah well. Maybe next time.

"The resolution further inquires 'whether said agents are subordinate or subject to the control and direction in any way, and to what degree, of the ministers of their respective countries accredited [to] and residing in the United States.' The Department has no information on this subject, but it is thought not improbable that the instructions sent by foreign governments to their consular agents within the Confederacy are transmitted through diplomatic agents residing in Washington. It is not thought probable that the foreign consuls within the Confederacy are under the control and direction of foreign ministers accredited to the United States in any other manner than is above indicated, but no positive information on the subject has reached the Department."

And from this it is clear that those who were recognized as consuls before the rebellion are continuing to communicate through their embassies in DC and not through Richmond. So it looks like they still think of DC as the capitol. Want to try again on that recognition thing?

1,573 posted on 01/26/2005 5:42:08 PM PST by Non-Sequitur
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To: Non-Sequitur

The application for exequatur was made to the Confederate government by an agent of SaxeCoburg and Gotha. That's what counts. The stuff about other consuls or their unknown chains of command I file under "So What."


1,574 posted on 01/26/2005 6:24:06 PM PST by rustbucket
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To: Non-Sequitur
The right of consulship was taken away from some of the consuls. An article in the Memphis Daily Appeal of June 10, 1863, was what peaked my interest in consuls and led to the discovery of the Benjamin letter. The Daily Appeal article was reporting correspondence of the Charleston Mercury and said:

Letters Patent revoking the exequatur of British consuls are a novelty in these parts. Mr. Moor's offense is not merely a refusal to "show his papers," as requested, but his claiming power to protect British subjects, who had forsworn their allegiance, voted, and acquired property here. Nobody knows or seems to care what will be the effect of Mr. Moore's [this time spelled with an 'e'] dismissal. He was not unfriendly with our cause, but rather the other way.

1,583 posted on 01/26/2005 10:04:41 PM PST by rustbucket
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To: Non-Sequitur
I found the Letter Patent concerning George Moore, British consul. It was in another article in the same June 10, 1863, issue of the Memphis Daily Appeal, this time attributed to the Richmond Whig:

LETTERS PATENT REVOKING EXEQUATUR OF GEORGE MOORE HER BRITANNIC MAJESTY'S CONSUL AT RICHMOND

To whom it may concern:

Whereas, George Moore, Esquire, Her Britannic Majesty's Consul for the port of Richmond and the State of Virginia (duly recognized as such by a former Government, which was, at the time of the issue, the duly authorized agent for that purpose of the State of Virginia,) did recently assume to act as consul for a place other than the city of Richmond, and a State other than the State of Virginia, and was, thereupon, requested by the Secretary of State to submit to the Department of State, his consular commission, as well as any other authority he may have received to act in behalf of the Government of her Britannic Majesty before further correspondence could be held with him as her Majesty's consul at the port of Richmond; and whereas the said George Moore has lately, without according to said request, entered into correspondence as(?) her Majesty's consul with the Secretary of War of these Confederate States, thereby disregarding the legitimate authority of this Government.

These, therefore, are to declare that I do no longer recognize the said George Moore as her Majesty's consul in any part of these Confederate States, nor permit him to exercise or enjoy any of the functions, powers, or privileges allowed to the consuls of Great Britain. And I do wholly revoke and annul any exequatur heretofore given to the said George Moore by the Government which was formerly authorized to grant such exequatur, as agent of the State of Virginia, and do declare the said exequatur to be absolutely null and void from this day forward.

In testimony whereof, I have caused these letters to be made patent, and the seal of the Confederate States of America to be herewith affixed.

Given under my hand this fifth day of June, in the year of our Lord one thousand eight hundred and sixty-three.

(Signed) JEFFERSON DAVIS

By the President:

(Signed) J. P. Benjamin
Secretary of State

I guess the Federal Government of the US, as the authorized agent of the State of Virginia, had issued an exequatur to Mr. Moore before the war. The Confederate Government let him operate under it until he exceeded his authority.

1,585 posted on 01/26/2005 11:03:08 PM PST by rustbucket
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