Title: William M. Evarts to William H. Seward, 21 November 1868
Date: November 21, 1868
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.00690
Contributors to digital file: Elizabeth Lorang, Nima Najafi Kianfar, Kevin McMullen, and John Schwaninger
November 21, 1868.
Hon. Wm. H. Seward,
Secretary of State.
Your letter of the 26th ultimo submits for my opinion this question: May a Consul retain for his own use $1000 per annum out of the aggregate surplus which may result from his agencies, over and above the $1000 allowed to each agent, and $500 for expenses? Or, must all above the agent's compensation, and allowance for expenses be paid into the Treasury?
After an examination of the statutes relating to the subject, and to which you have directed my attention, viz: the Acts of August 18, 1856, and of March 30, 1868, I arrive I arrive at the conclusion that under the provisions of the Act last cited, a consul is authorized to retain $1000 out of the aggregate of moneys annually received by him from consular agencies, or vice consulates,— but that all funds so received by him in excess of that amount should be accounted for, and paid into the Treasury of the United States.
I have the honor to be, With respect &c.
Wm M. Evarts,
☞ See also Opin. Book.