(S[ottteU InioeraitH SIthrarg StSjata, New gnrlt CHARLES WILLIAM WASON COLLECTION CHINA AND THE CHINESE THE GIFT OF CHARLES WTLLIAM WASON CLASS OF 1876 1918 Cornell University Library JX 1706.A7 United States consular regulations :a 3 1924 023 470 895 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924023470895 UNITED STATES CONSULAR REGULATIONS UNITED STATES CONSULAR REGULATIONS A PRACTICAL GUIDE FOR CONSULAR OFFICERS AND ALSO FOE MEECHANTS SHIPOWNEES AND MASTEES OF AMEEICAN VESSELS IN ALL THEIE CONSULAE TEANSACTIONS THIRD HDITIOlSr ■REVISED AND ENLAEGED WASHINGTON FRENCH & RICHARDSON 334 PENNSYLVANIA AVENUE 1868 \l^\^G Entered, according to Act of CongresB, in the year 1856, by TAYLOR & MATJRY, In the Clerk's OflSce of the Circuit Court of the Distiict of Columbia. Entered, according to Act of Congress, in the year 1862, by HUDSON TAYLOR, In the Clerk's Office of the Circuit Court of the District of Columbia. Entered, according to Act of Congress, in the year 1867, by FRENCH & RICHARDSON, In the Clerk's Office of the Circuit Court of the District of Columbia. Lippikcott's Press, philadelphia. THE PUBLISHERS' PREFACE. In presenting this new and enlarged edition of " Consular Regulations," we feel confident that it will be appreciated, especially by those to whom it is an indispensable Manual, as a work in every way worthy of its object. It has already, in its previous editions, been pronounced by very high authority the most complete work of its kind ever issued in any country. In the preparation and revision of the present edition, with the assistance of competent and experienced persons, we believe we have made it still more perfect and full in all its parts and details. Many new and important statutes, circulars and Forms have been added, while the text has been care- fully amended and improved. F. & R. Washington, November, 1867. PREFACE TO THE SECOND EDITION. The first edition of the Consular Manual having heen exhausted, and the demand for the work still continuing, the publisher has taken the opportunity, in presenting to the public a new edition, to introduce several important statutes, recently enacted by Con- gress, having relation to the duties of consuls, and to make such corrections in the text as were thereby rendered necessary or which have been suggested by experience. Decembee, 1862. PREFACE TO THE FIRST EDITION. At the late session of Congress, an act was passed to regulate the diplomatic and consular systems of the United States. This act is of a most comprehensive character, and enters into much detail in relation to consular affairs, prescribing duties to be observed by merchants engaged in foreign trade, shipowners and shipmasters, collectors of customs, and American travel- ers in European countries ; repeals many of the pro- visions of existing laws, and revives others, intimately affecting the shipping interests of the country, which were adopted more than half a' century ago, and were subsequently repealed; abolishes all fees heretofore received by consuls, prescribes a new tariff of consular fees, and imposes heavy penalties for malfeasance and for neglecting the observance of the requisitions of the statute. The importance of these provisions, affecting as they do so many classes of the community, has suggested the publication of this volume for general information. It embraces, as will be perceived, the 11 12 PREFACE TO THE FIRST EDITION. regulations of the Department of State for consular officers, and forms to be observed in the transaction of consular business. It is believed that this work will be found useful to persons seeking appointments as consular officers, in furnishing them with information requisite for the dis- charge of consular duties, as well as to those engaged in foreign commerce. To shipmasters, especially, much of the information which it contains is indispensable under the provisions of recent statutes. In the exercise of their arduous and responsible vocation, they have fre- quent occasion for the services and assistance of consular officers, which must be rendered in accordance with the laws of the United States and the instructions of the Department of State, with both of which, so far as they relate to their own duties, shipmasters should be fully acquainted. Washington, December, 1856. TABLE OF CONTENTS. CHAPTER I. PAOB General Remarks on the Nature and Duties of the Consular OfiSce 17 CHAPTER II. Exterritorial and other Privileges of Consuls 35 CHAPTEE in. Judicial Authority of the Commissioner or Minister and Consuls of the United ^ States in China, Turkey, and Japan 43 CHAPTEE IV. Duties of United States Consular Officers in China 79 /^ CHAPTEE V. Duties of United States Consular Officers in Turkey 89 CHAPTEE VI. Duties of United States Consular Officers in Africa 100 CHAPTEE VII. Duties of the United States Consuls in Persia and Siam ; also in Countries and Islands not Inhabited by any Civilized People 109 CHAPTEE VIII. Duties of United States Consul»,r Officers touching the Solemnization of the Rite of Marriage 112 CHAPTEE IX. Regulations in regard to Applicants for the Office of Consul 136 CHAPTEE X. Duties of a Consular Officer after Receiving Notice of his Appointment 141 13 14 CONTENTS. CHAJPTEE XI. PAGE Consuls General 1^5 CHAPTER Xir. Consuls and other Consular Officers 150 CHAPTEE XIII. Deputy Consuls, Vice Consuls, and other Vice Consular Officers 153 CHAPTEE XIV. Commercial Agents 166 CHAPTEE XV. Consular Agents 159 CHAPTEE XVI. Office Clerks 163 CHAPTEE XVII. Marshals of Consular Courts 165 CHAPTEE XVIII. Consular Clerks 170 CHAPTEE XIX. Formalities to be observed by a Consul General or Consul after Arrival at his Post 189 CHAPTEE XX. Instructions respecting the Correspondence of a Consular Officer with the De- partment of State 195 CHAPTEE XXI. Compensation of Consular Officers 204 CHAPTEE XXII. The Collection, Registration, and Accounting of Fees 215 CHAPTEE XXIII. Eecord Books and Archives of the Consular Office 223 CONTENTS. 15 CHAPTER XXIV. PAGE Consular Accounts 228 CHAPTEE XXV. Official Intercourse of United States Consular Officers with Officers of the Navy 276 CHAPTER XXVI. Duties of Consular Officers in respect to Citizens of the United States 279 CHAPTEE XXVn. The Reciprocal Duties of Consular Officers and Masters of American Vessels... 285 CHAPTEE XXVin. Duties of Consular Officers in relation to Seamen of. the United States 304 CHAPTEE XXIX. Duties of Consular Officers in relation to Wrecks 324 CHAPTEE XXX Duties of Consular Officers in relation to the Estates of Intestates 328 CHAPTEE XXXI. Duties of Consular Officers in respect to the Passenger Act 341 CHAPTEE XXXII. Duties of Consuls General and Consuls in relation to the Granting of Passports and Certificates 347 CHAPTEE XXXni. Attendance of Consular Officers as Witnesses in Court 358 CHAPTEE XXXrV. Consular Reports and Returns 360 CHAPTEE XXXV. Duties of Consular Officers in respect to American Owners of Foreign-huilt Vessels 372 CHAPTEE XXXVI. Verification of Invoices 376 16 CONTENTS, CHAPTER XXXVII. PASS Acts of Congress, and Extracts therefrom, relating to United States Consular Officers 416 List of the Principal Acts of Congress, in which there are References to the Duties of Consular Officers 529 Digest of Opinions of the Attorneys Greueral in regard to Consuls 533 Consular Fees 543 Appendix. — Consular Forms 551 Consular Regulations. CHAPTEE I. GENEEAL EEMAEKS ON THE NATtTEE AND DUTIES OP THE CONSULAE OFFICE, 1. The word "consuls,"^ as used in the Constitution of the United States, desig- term "consuls" nates a class of public officers appointed by 'f ^^^ Constitu- their government to reside in foreign coun- tries, chiefly in seaports and other places of commerce, to exercise administrative, and sometimes, in countries not Christian, judicial functions, in regard to their coun- trymen who dwell or may happen to be in the country where they reside ; to aid in the authentication of docu- ments abroad, and, generally, to discharge such other duties as may be assigned to them by the laws and orders of their government. 2. Accordingly, by various laws of the classes of con- United States, duties are imposed and rights ^^^ °*^'=^''=- conferred on this description of public officers, under the names of consuls general, consuls, vice consuls, deputy consuls, commercial agents, vice commercial agents, consular agents, and consular pupils. It is pro- ' Opinions of the Attorneys General, vol. vii. p. 24S; 6 Wheaton, 168. 3 17 18 GENERAL REMARKS ON THE NATURE AND vided by section thirty-one of the act of Congress approved August eighteen, eighteen hundred and fifty- six/ that these official designations shall be deemed to have the respective meanings therein assigned to them, namely : " consul general," " consul," and " commercial agent," shall be taken to denote full, principal, and pernjanent "consular officers," as distinguished from subordinates and substitutes; "deputy consul" and "consular agent" to denote "consular oflScers" subordi- nate to such principals, exercising the powers and per- forming the duties within the limits of their consulates or commercial agencies respectively — the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively; and "vice consuls" and "vice commercial agents" to denote "consular oflBcers" who shall be sub- stituted, temporarily, to fill the places of " consuls gene- ral," " consuls," or " commercial agents," when they shall be temporarily absent or relieved from duty ; and the term "consular officer" to include all such officers, as are mentioned in the said section, and none others. 3. It is further provided by the same Application of , , . , ' acts of Congress scctiou that, in the constructiou and for the to consular offi- purposcs of all Other acts and parts of acts cers. 1 • 1 1 Ti . . o which shall remain m force after the act above mentioned may take effect, defining any of the powers, declaring any of the rights, prescribing any of the duties, or imposing any penalty or punishment for any act of omission or commission of any consul, com- mercial agent, vice consul, or vice commercial agent, or allowing or enjoining the performance of any act, ' Statutes at Large, vol. xi. p. 64. DUTIES OF THE CONSULAR OFFICE. 19 matter, or thing, with or before any such officer, all such acts and parts of acts shall in all these several respects, so far as may be consistent with the subject- matter and context of the same and with the said act and the treaties of the United States, be deemed and taken to include and apply to all consular officers just as though all such officers were specifically named therein. 4. The important act of 1792 contains a declaratory provision, which is to be understood as implied in all other acts of Congress, as follows : " The specification of certain powers and duties, *'* *, to be exercised or per- ^^\ ''^''°° ° ' ' ^ certain consular formed by the consuls and vice consuls of powers and du- the United States, shall not be construed *iude"others^" to the exclusion of others resulting from the nature of their appointments, or any treaty or convention under which they may act."^ So that the powers and duties of con- suls, besides being defined by acts of Con- ^.°°^" ^^ . ^^^' ' <= '' tiona, rights, gress, are indicated by general treaties and duties, how and consular conventions entered into j"!'"^!^*^ ^^^ deiined. between the United States and other sove- reign powers ; and also by the regulations prescribed by the President through the Department of State.^ 5. Consuls possess, moreover, by the international law of nations, rights and privileges be- laws as affecting sides those which are granted by con- ^ Statutes at Large, vol. i. p. 257. ' Statutes at Large, vol. xi. p. 60 ; Opinion of Judge Sprague in the case of the United States v. Williams et al., MS. and Letter of the District Attorney of Massa- chusetts, Oct. 5, 1857 ; see Halleck's International Law, " Of Consuls and Com- mercial Agents," Chapter x. ; Wheaton's Elements, edited by E. H. Dana. 20 GENERAL EEMAKKS ON" THE NATtTEE AND ventions, or declared by legislative acts or by regulations. 6. Their privileges necessarily arise from Consular privi- /•!• • j. j.i,x leges, how ex- the character of their appointments; but tended and re- ^j^gy ^re not, like those of ambassadors and stricted. other public ministers, precisely defined by international law; and consequently they may be extended or limited among .dififerent nations, either by treaties or the legislative policy of those countries. Although the commissions which United Consular com- n ■• • i • missions, how States cousuls roceive from their govern - to be under- ment are expressed in the same terms and StOod. n T 1 . confer the same authority, yet, as the con- sular functions are to be exercised in a foreign country, and in accordance with an exequatur issued by its sovereign, they may be more or less Effect of consu- _ i. • x i ttti j.i ■ -j.- , .. restricted. Whenever the immunities, lar conventions. " rights, and duties of consuls are pre- scribed by mutual consular conventions, they are to be enjoyed or exercised in accordance with the stipulations of such conventions. In countries Consular duties ^^*^ which the United States have in countries entered into no consular convention, con- with which the ^ nn t i it,. u. s.' have no ®^^^^ oflicers may discharge such duties consular con- as are allowcd by usage, or are not for- ven ions. bidden by the laws of those countries ; it being understood that such duties come within the general scope of official powers acknowledged by the commercial world; usually they are permitted to exercise such privileges as are granted to for- eign consuls by the United States within its own territory. DUTIES OF THE CONSTJLAE OFFICE. 21 7. If the authorities of the places where . Duties of con- consuls reside oppose any obstacles to their suia when ob- enioyment of the privilea-es which may ^^^'^^^ ^^'^ ^' ,•'■', ■, f , , terposed to the have been accorded by consular conven- enjoyment of tions, or which, founded on usage or reci- "^^^'^ privi- procity, may have been claimed by them- selves, they should refer the subject to the legation, to which they are subordinate, of the United States residing in the country, and report the facts, together with their own proceedings, and transmit a copy of all their correspondence in relation to it, to the Depart- ment of State, and await instructions. In no case should they strike the consular flag or abandon their posts without the express permission of the Department. 8. Consuls in Christian countries are ^ Consuls not not, legally speaking, public ministers of diplomatic offi- the State to which they belong, though, °^'^' having an official character, they are under a more special protection of international law than uncom- missioned individuals. This protection they have a right to claim, both from the State which sends and from the State which admits them. But they are not diplomatic representatives of their respective countries, nor entitled to the privileges and immunities accorded to such representatives.^ 9. They are not, like public ministers, consular exe- furnished with credential letters, but q^atur. simply with a commission which authorizes them to watch over the commercial rights and privileges of the nations deputing them.^ They cannot enter upon 1 Opinions of the Attorneys General, vol. i. pp. 41 and 406. ' Kent's Commentaries, vol. i. pp. 50-57. 22 GENERAL EEMAEKS ON THE NATURE AND the discharge of their official duties without the per- mission of the sovereign authority of the country to which they are sent. This is given by an instrument which is termed an exequatur, and may at any time be revoked. As a general rule, consuls are amenable to the civil and criminal jurisdiction of the country in which they reside.^ In the United States the Supreme Court possesses original jurisdiction in all cases affect- ing consuls, and the Federal jurisdiction is understood to be exclusive of the State courts.^ Consular privi- 10. The privileges of consuls, so far as ^^ses. they are derived from the country in which they reside, are, generally speaking, an exemp- tion from the liability to have soldiers quartered in their houses, and from personal service in the civic Non-exemption guards or militia.^ Sometimes, as a mat- from taxation. ^er of courtosy, and not of right, they are exempted from the payment of a personal tax, but not of other taxes, and more rarely from payment of duties at custom houses on their furniture and bag- gage.* No foreign consul residing in England is ex- empted from direct taxation except the Eussian consul general.' All other foreign consuls in England, ' Phillimore's Commentaries upon International Law, vol. ii. pp. 240, 241 ; Vattel, p. 147 ; Wheaton'a Elements, p. 305. ' Statutes at Large, vol. i. p. 18, and note ; also Kent, vol. i. p. 45. See also Opinion of Supreme Court of New York in the case of the Rock River Bank v. Hoffman et al., General Term, February, 1862, MS. ' Le Guide Diplomatique, i. 388 ; Opinions of the Attorneys General, vol. ii. 725; Phillimore, vol. ii. pp. 240-251. * Phillimore, vol. ii. p. 244. " Nature and Character of the Consular Service, by John Green. Londonj 1848, p. 21 ; See also Despatches of United States Consuls at Liverpool and Sheffield, MSS., 1867. DUTIES OF THE CONSULAR OFFICE. 23 whether engaged in business or otherwise, are heavily taxed. Consuls of foreign countries in the United States, who are not citizens thereof, are exempt from any income tax, imposed by the act of Congress, which may be derived from their official emoluments, or from property in such countries : Provided, That the governments which such consuls may represent shall extend similar exemption to consuls of the United States.^ In the United States no authority is given to the Treasury Department to exempt foreign consuls from the payment of custom house duties, and consequently the consuls of the United States in foreign countries cannot claim an exemption from the payment of simi- lar duties. Consuls are usually allowed iggue or visa of to grant oi- visa passports to the subjects passports. or citizens of their own country living within their consular jurisdictioli, but not to foreigners.^ But con- suls of the United States in countries in which there is a resident minister are not permitted to issue pass- ports. In most countries consuls may Assistance of require the assistance of the police, if v^i^^^- necessary, to aid and assist them in the mainten- ance of their authority over insubordinate or mutin- ous seamen of their own country ; generally, this is accorded by treaty stipulation ; otherwise, it cannot be demanded as a matter of right, but only of comity.^ • statutes at Large, vol. xiii. pp. 17, 305. 2 Phillimore, vol. ii. p. 245. ' Martens, Droit des Gens, i. 251 ; Fynn's British Consul Abroad, p. 17 ; Statutes at Large, vol. x. pp. 904, 998, 999 ; and Treaties of the United States. 24 GENERAL KEMAKKS ON THE NATUEE AND . ,, 11. In cases where the ambassadors or Access to the chief authori- public ministers of their own country are *'^" absent, or non-resident, they have a right of access to the authorities of the country ia which they reside.^ But this is not universally admitted. Sometimes it is permitted as an act of courtesy, and sometimes it is limited to correspondence in regard to questions merely of a commercial character.^ Immunities of 12. As a general rule, the records and consular offices, papers of the consulate are inviolable, and under no pretext are they to be seized or examined by the local authorities.^ But this rule is by no means universally admitted, and the exemption is more fre- quently granted by treaty stipulation.* In Grreat Britain the consular property has been seized and held liable for the debt of a consul, for rent and taxes.* „ , . ,. , 13. Consuls established in the towns subjection to judicial tribu- and soaports of Europe are, in respect to "^ ■ civil matters, generally subject to the juris- diction of the tribunals of the country in which they reside ; and, of course, necessarily, in criminal cases. If they are in trade, they are treated, in questions relating thereto, on the same footing as all other mer- chants.® 1 Phillimore, vol. ii. p. 244. * See Despatches of Consuls of the United States in Germany and at Havana, MSS., passim. * Phillimore, vol. u. p. 245. * See Consular Conventions of the United States with France and with the Netherlands; Statutes at Large, vol. x. pp., 992, 1150. * See Manchester newspapers, 1858 ; also Guide Pratique par Le Clercq et De Vallat, p. 11. 6 Martens, quoted by John Green, p. 24 ; Kent's Commentaries, vol. i. p. 54, DUTIES OF THE CONSKLAE OFFICE. 25 14. The functions of consuls, in regard to their fellow-citizens, depend, in a great consuls over measure, upon the municipal law of their ^^f' ^«ii°^- dtjlZ6tlS own country. No civil jurisdiction can be exercised by them over their fellow-countrymen with- out express authority of law, or by treaty stipulation of the State wherein they reside; and no Christian State has yet permitted the criminal jurisdiction of foreign consuls.'' 15. The refusal to grant an exequatur Eefusai of exe- or to receive a foreign consul is no breach quatm- of strict international law, as the institution of the consulate is a result of international comity.^ In case of illegal or improper conduct, the consul is to be punished according to law, if the laws will reach the case, or be sent back; the offended government assign- ing to the other the reasons for the same.* 16. As a general rule, and in the ab- foundation of sence of any treaty upon the subject, the consular au- consul looks for his authority and func- * °"'^' tions to the commission by which he is appointed to his office, to the exequatur which empowers him to exercise them, and to any modifications made applica- ble to them by the particular laws or customs of the country in which he resides.* * Phillimore, vol. ii. p. 245 ; Wheaton's Elements of International Law, seventh edition, notes, pp. 219-230, 423-438. ' Phillimore, vol. ii. 245. See also Eoyal Order of Spain, 1845 ; and corre- spondence in regard to consuls in Porto Rico, MS., 1845 ; also at Mauritius, 1852, at Genoa, 1853, MSS. ; Kent, vol. i. p. 43. ' Statutes at Large of the United States,. vol. viii. p. 230; Wheaton's Elements, note, p. 424 ; Opinions of the Attorneys General, vol. ii. p. 725. See Ex. Doc. Senate, No. 80, 1st Sess. 34th Cong. ; Kent, vol. i. p. 44. * De Martens, i. 260-265. 4 26 GENEEAL EEMAEKS ON THE JSTATTJEE AND Exercise of ju- 17. In soHie places consuls have been didai powers. invested With judicial powers to adjust disputes between merchants of their own country in foreign ports ; this, however, is mostly limited to countries not Christian.^ . ,, , 18. In the application of the general Amenable to ^^ ° judicial tribu- rules of law to oflfences committed by con- °* ■ suls, nothing is better settled by the prac- tice of all the States of Christendom than the doctrine that consuls are subject to criminal process for violation of the municipal laws. A foreign consul therefore has no just cause of complaint if, when charged with an offence, he is held amenable to the criminal jurisdiction of the United States. The only privilege which a con- sul enjoys in this respect in the United States is that awarded to him by the Constitution of being tried by the Federal courts'; the effect of which is that his case remains within the control of the general government, which may deal with it according to the convenience or the exigencies of its foreign policy, without impedi- ment from the authority of the individual States of the Union.^ Withdrawal of 19- I^ addition to the ordinary means exequatur. of riedress, through the judicial tribunals, is that which is afforded by the law of nations. The sovereign authority of a State has the undoubted' power, in its discretion, to withdraw the exequatur of any foreign consul. To justify the exercise of this power there is not needed the fact of technical viola- 1 See Statutes at Large, vol. xii. pp. 73, 79 ; Kent's Commentaries, vol. i. pp. 51, 57j notes. '' Opinions of the Attorneys General, vol. vii. pp. 384, 385. DUTIES OF THE CONSULAR OFFICE. 27 y tion of a law judicially proved. It may be exercised for any reasonable cause, whenever it is called for by the interest and honor of the nation.^ 20. One of the first duties of all con- Personal de- sular ofiftcers is to exhibit in their ofBcial meaner, conduct, and in their intercourse with the local authori- ties and with the people of the country, a proper re- spect for the supreme authority. 21. In their communications with offi- „, , . ^ . , style of official cial functionaries, they are to be careful communica- to set forth their views and opinions cour- ^°^^' teously but firmly, avoiding in all cases the use of violent or intemperate language. All discussions ex- tended beyond the limits of a just moderation are injurious and defeat their own object. 22. It is by their personal influence and r a t •> ^ Jnnnence oi character, by circumspect conduct and a personal ctarr conciliatory spirit, that consuls best suc- ceed in settling difficulties and in the accomplishment of important objects. Commercial intercourse is a common bond of interest among all countries and all men, and it is by arguments drawn from this source, rather than by unreasonable pretensions and disputes, that injurious restrictions can be removed.^ 23. The laws of the United States on ^n * •■ a Duties imposed the subject of consuls and vice consuls by laws of the specially authorize them to receive the United states. protests of masters and others relating to American commerce, and they declare that consular certificates 1 Annual Eegister, 1856, p. 277 ; 34th Congress, 1st Session, H. E. Ex. Doc. No. 107. ' De Clercq, tome ii. p. 32, et seq. ' 28 GENERAL REMARKS ON THE NATURE AND under seal shall receive faith and credit in the courts of the United States.^ It is likewise made the duty of consular officers, where the laws of the country per- mit, to collect and remit the assets of the personal estates of American citizens who may die within their consulates leaving no legal representative, and to take cha.rge of wrecks and secure the effects of stranded vessels, in the absence of the master, owner, or con- signee ; and they are bound to provide for destitute seamen within their consulates, and to send them, at the public expense, to the United States.^ It is their duty, likewise, to reclaim deserters, to discountenance insubordination, and lend their aid to the local authori- ties for this purpose, to discharge seamen cruelly treated, and to receive from the masters of American vessels, on their arrival at a foreign port, and after the vessel shall have come to an entry, the registers, sea letters, and passports of such vessels,^ to obtain and communicate information in regard to trade, manu- factures, commerce, and whatever may conduce to the public interests,* to authenticate documents,* to verify invoices,* to prevent fraud on the revenue,^ and to re- press and discourage, by all proper means, the traffic in laborers, usually called the coolie trade.* These duties, and some others which are prescribed by legal enactment, are in accordance with the usages of ' Statutes at Large, vol. i. p. 255 ; vol. xi. p. 61. 2 Statutes, vol. i. p. 255. s statutes, vol. i. p. 203. * Statutes, vol. xi. p. 60. 6 Statutes, xi. p. 61. « Statutes, vol. xii. pp. 737, 738 ; vol. xiii. pp. 532, 533. ' Statutes, vol. xii. p. 559. ' Circular of the Department of State, Jan. 17, 1867. DUTIES OF THE CONSULAR OFFICE. 29 nations,^ and with special treaty stipulations with certain countries. 24. Many of the consular duties arise .,. . ^ , . '' Variety and im- from peculiar circumstances : such as the portanoe of con- character and habits of the nation in «»i^' duties. which the consul resides, its laws and customs, and the nature of its intercourse with the United States. In the most restricted sense, they are important and multifarious ; are quite different from those of other officers employed in foreign affairs; and require for their proper performance an amount of practical in- formation for which the consular officer needs a special training. Consuls are often so situated as to exercise towards their countrymen within their consular juris- diction the duties of judges, arbiters, and peacemakers ; they are the registers of marriages, births, and deaths ; they act as notaries, and sometimes as revenue officers ; they watch over and verify the sanitary condition of, their consulates ; and, through their social and official relations,, they are able to obtain a full and accurate knowledge of the commerce, navigation and industry peculiar to the country of their residence.^ ■■ 25. The commercial interests of their Duties in re- own country are, m a measure, committed gpect to com- to their care. They are to see whether medial reguia- • 1 • • • 1 / . • tions. the stipulations m commercial treaties are ' Kent, vol. i. p. 42 ; Wheaton's Elements of International Law, Note pp. 423-437. ' " AprSs avoir ^t^ un ministre habile, que des choseg il faut encore savoir pour dtre un bon consul 1 Car les attributions d'un consul sont vari&s a I'infini; elles sont d'un genre tout different de celles des autres employfe des affaires ^trangSres. Elles exigent une foule de connaissances pratiqu^es, pour lesquelles une educa- tion particuliSre est necessaire. Les consuls sont dans le cas d'ezercer, dans 30 GENERAL KEMAKKS ON THE NATURE AND observed, and report all changes in commercial regula- tions and municipal ordinances. Every law, edict, or regulation of the government where they reside in any way affecting the commerce of the United States which comes to the knowledge of consular officers must be immediately transmitted to the Department ; and, if it be a local regulation, operating only on a particular port, they must also give immediate notice thereof to the minister, if there be one in the country to which the district belongs. Suggestioas in 26. Consular officers are expected, in regard to con- their Correspondence, to note all events sular correspon- dence, and the which bear upon the commerce between transmission of ^jj^g country where they reside and the useful seeds^ United States, the establishment of new and samples. branches of industry within the limits of their consular jurisdiction, and the increase and decline of such as have been before established. They should also make such suggestions as, in their opinion, may lead to an increase of trade, and point out any circum- stances which may have produced a contrary effect, with the means that appear proper for avoiding such a result. When new products of the arts, sciences, or manufactures appear to be valuable either for export or import, and this is not generally known, the fact should be communicated to the Department, and sam- I'etendue de leur arrondissement, vis-Srvis de leur compatriots, les fonctions de juge, d'arbifres, de conciliateurs ; souvent ils sent officiera de IMtat civil; ils remplissent I'emploi de notaries ; quelquefoia celui d'administrateurs de la ma- rine; ils surveillent et constatent I'^tat sanitaire. Ce sont eux qui, par leura relations habituelles, peuvent donner une id€e juste et complete de la situation du commerce, de la navigation, et de I'industrie particuliSre au pays de leur r&idenoe." — Remarks of Talleyrand upon the Character of Count Rhemhard. DUTIES OF THE CONSULAE OFFICE. 31 pies sent, if not too bulky, with tlie consular letters ; otherwise, they may be addressed to the collector of some one of our principal ports. Seeds of plants and grain suitable for cultivation in the United States should also be sent. In general, the duties of a con- sular officer require an attention to everything that can promote the commerce and navigation of this country, and the interests of its citizens. 27. Consular officers are particularly Contentions" to cautioned not to enter into any conten- be avoided, tions which can be avoided, either with their country- men or the authorities of the country in which they reside ; referring questions of that nature „ , ' . ° ^ Conduct to be to the ministers to whom they are respec- observed by tively subordinate, or to the Department '^'^^^^ °^- '' -^ _ cers towards of State ; using every endeavor to settle in their country- an amicable manner all disputes in which "'®°" their countrymen may be concerned ; and countenan- cing and protecting them before the authorities of the country in all cases in which they may be injured or oppressed, but withholding from them support when they have been willfully guilty of an infraction of the laws, particularly in any attempt to defraud the reve- nue. In this last case they will aid the proper officers in checking such practices. 28. All consular officers are forbidden ... Consular offi- to participate in any manner whatever, cers to abstain directly or indirectly, in the political con- ^°^ participa- . ^ ting in politics corns of the countries by whose govern- in the countries ments they are severally acknowledged '^}^'^^ *®y re- and recognized in their public character ; and they are to be on their guard against the enlist- 32 GENERAL KEMAEES ON THE NATUEE AND ment of their feelings upon the side of any of the political or sectional parties which may exist in those countries. In their despatches upon such Limits to be ob- i t-> j. i- cix j. served in con- subjocts, oveu to the Department oi btate, suiar corre- ^]^gy y^]Y[ confine themselvos to the com- spondence. munication of important or interesting public events, as they occur, in a clear and concise form, avoiding all unnecessary reflections or criticism upon the character or conduct of individuals or govern- ments ; and they will not give publicity, through the press or otherwise, to opinions or speculations injurious to the public institutions of those countries, or the per- sons concerned in the administration of them ; but it is, at the same time, no less their duty to report, freely and seasonably, to their own government, all important facts which may come to their knowledge, through authentic channels, touching the political condition of these countries, especially if their communications can be made subservient to, or may affect, the interest and well-being of their own.^ Prohibitions in ^^- -^^^ cousular officers are prohibited regard to con- from -eorresponding in regard to the public sp!,ndence"re- ^^^^''® °^ ^^^ foreign government with any commendation private person, newspaper, or other peri- forei^^" office"^ odical, or with any other person than the acceptance of proper officcrs of the United States ; and presents, etc. „ , . , , irom recommending any person, at home or abroad, for any employment of trust or profit under the government of the country in which they are located ; as well as from asking or accepting, for them- selves or any other person or persons, any present, ' De Clercq, tome ii. pp. 34, 35. DUTIES OP THE CONSULAR OFFICE. 33 emolument, pecuniary favor, office, or title of ^ny kind, from any such government.^ By a standing instruction of the De- partment of State, the consular officers of hibned except the United States abroad, have, for some 0° festal oeca- time past, been prohibited from correspond- ing with newspapers. As a sequel to that regulation, it is deemed advisable to extend a similar prohibition against their making addresses to the public anywhere except upon those festal occasions to which they may be invited in the country which may be the scene of their official duties. Even upon such occasions, how- ever, the utmost caution must be observed caution to be in touching upon political matters. In no observed, event is a consul to make an address to the public, or which may be published, in any other country than that where he may officially reside.^ 30. As consuls, excepting in some Mo- . . Assumption of hammedan States, are not invested with diplomatic diplomatic powers, they are not entitled Unctions pro- to communicate directly, except under special circumstances, with the government of the country in which they reside.* Consular officers are prohibited from exercising diplomatic functions, or holding any diplomatic correspondence or relation on the part of the United States, in, with, or to the government or country to which they shall be ap- pointed, or any other country or government, when there shall be in such country any officer of the ' Statutes at Large, vol. i. p. 15. " Circular of Department of State, No. 25, October 1, 1862. » Wheaton, note, pp. 224-230. 5 34 GENEEAL BEMAKKS. United States authorized to perform diplomatic func- tions therein, unless expressly authorized by the Pre- sident.^ 31. When an application is to be made f^mf fOT- to such government, it must be done eign govern- through the minister of the United States, ments. .^ ^^^^^ ^^ ^^^ . -^ ^^^^ ^^^ ^^^ ^^^^ should require it, the consul may address the proper department, but in respectful terms, stating the exi- gency of the case, and that an application to the subor- dinate officers could not be made, or that it had proved ineffectual. Consular offi- 32. It is the duty of a consul to be con- cers to be con- yergant with treaties, and with all com- versant with . treaties, con- morcial and consular conventions; he ventions, and g^ould possess a thorough knowledge of regulations af- - . i /. i • • fecting their the law of uations, and of the maritime own functions, ^nd mercantile laws of his own country j' as well as those of the country in which he resides^ and also an acquaintance with its history and lan- guage, its manners and customs.^ ' Statutes at Large, vol. xi. p. 56 ; Wheaton, note, pp. 423-431. 2 Kent, vol. i. p. 44 ; Opinions' of the Attorneys General, vol. i. pp. 41, 77, 406; vol. ii. p. 725; De Clercq, Formulaire, tome ii. pp. 32, 38; Dall. vol. ii. p. 297; "Animo consulem esse oportet, consilio, fide, gravitate, vigilantiS,, curU toto denique munere consuiatAs omni officio, tuendo, maximSque id quod vis nominis praescribit reipublicse consulendo." — Oieerords Oratio in FisonM, - CHAPTER II. EXTERRITORIAL AND OTHER PRIVILEGES OF CONSULS.' 33. The United States may, with con- -when dipio- sent of the government of another country, ^^^'^ duties 111 1 .1 . "^^.y be dia- superadd to the regular duties therein of charged by con- consul any of those of a minister. There ^'^"^ °^'=^™- are two great classes of such cases, which might well be systematized ; or the principle might be more ex- plicitly recognized in consular stipulations with foreign governments. 34. One is that of the transmarine pos- consular privi- sessions of sundry of the States of Europe, leges in colonial XT i . 1 i < 1 or other depto- Here many cogent reasons urge that the aencies of for- concession should be granted to our con- eign states. suls, by such States, of the right to address the colonial or provincial governor. There is nothing in the law of nations to prevent this ; it is convenient for all parties ; it is a consular right exercised by treaty in the great pashalics of the Turkish empire. The United States have recently made provision to the same effect in treaty with a Christian power, namely, the Nether- lands ; ' and that government having thus wisely re- ' The remarks contained in this chapter are mostly extracted from an opinion of a late Attorney General, dated July 14, 1855 — Opinions of the Attorneys General, vol. vii. pp. 342-349. ^ Statutes at Large, vol. x. p. 1150, 36 PEIVILEGES OP CONSULS. linquished its long-subsisting scruples on this point, we may reasonably expect similar liberality in future commercial negotiations with other countries of Europe. Consular duties S^. The othor class of cascs of this na- where there is ture is that of a consul residing near a "pre^SlTwe metropolitan government where there is of the United no minister, either because of temporary *^" cessation, or because inducements have not existed for the interchange of diplomatic repre- sentatives between such government and the United States. In this case it becomes the office, perhaps it may be said the right, of the consul to place himself, with the permission of Ms own government, in direct com- munication with the political authority of such govern- ment. Here, as in the other case, the fact occurs, and is of common convenience ; it is not inconsistent with public law ; and so far as regards the United States, it has example in treaties,-^for instance, in our last con- sular convention with France.^ It is a thing of mani- fest necessity as between the United States and some Consular duties of the couutries of Germany, with which in Germany. Qur relations are entirely amicable, with- out calling for permanent diplomatic representation. The German Bund, as it formerly existed, though in some features resembling our own federal republic, yet differed essentially in this, that, in the former, the federal authority, in matters of peace and war, acted on States, not individuals, and of course each State retained the power of foreign representation and nego- tiation. Hence, if we do not see cause to intercha,nge 1 Statutes at Large, vol. x. pp. 992, 1000. PRIVILEGES OF CONSULS. 37 ministers, we may yet well reciprocally enlarge the consular functions in our relations with, such States as Bavaria, Saxony, Wiirtemberg, or any other of the members of the Bund. 36. Meanwhile, it would not in either • Derivation of of these classes of cases follow, because a exterritorial consul of the United States in Bavaria, or privileges by consuls. one of Bavaria m the United States, may be admitted to address the government, that therefore he becomes a diplomatic personage, with international rights as such, and among them that of exterritoriality ; nor does it follow that a consul is thereby entitled to the compensation of a diplomatic officer. If his com- mission be that of consul only, if his public recognition be an exequatur^ the foreign consul is subject to the local law in the United States; and our own consul in the foreign country, if invested in any case with quasi- exterritorial rights, does not derive these from the law of nations, but only from the special concession, by general law or otherwise, of the particular foreign government. If, indeed, the United States see fit, in any case, to confer the function of charg^ d'aifaires on their consul, either with or without limitation of time, as they may lawfully do — that is, to superimpose the office of minister on that of consul — then he has a double political capacity, and, though invested with full diplomatic privilege, yet becomes so invested as charg^ d'affaires, not as consul ; and the fact of such casual duplication of function does not change the legal status of consuls, whether they be regarded through the eye of the law of nations, or that of the United States. 38 PEIVILEGES OP CONSULS. Exterritorial 37. It has been observed, that "in privileges of Egypt, Tunis, Tripoli, China, the islands girl^M^ of the Pacific, the consuls enjoy all the hammedau diplomatic privileges. The motive is not countries. ^^^^ j^ ^^^ difference of law and re- ligion with ours, but also in the absence of other diplo- matic representatives."^ This remark requires quali- fication. In the case of China and Turkey, for in- stance, our consuls have not, as consuls, any " diplomatic privileges," except such as they might have in France during the absence of a minister ; such exterritorial, riot diplomatic, privileges, as' they really enjoy, they enjoy, not because they are consuls, nor because of the absence of proper diplomatic representatives in those countries, for we have them, but because they are citizens of the United States. And the true ex- planation of the diplomatic rights appertaining to consuls in the Mohammedan States, whether inde- pendent ones, like Morocco and Muscat, or subject to the suzerainty of the Porte, like Tripoli, Tunis, and Egypt — and so of the Pacific or Indian islands — is, that they are not Christian, and are not admitted to a full community of international law, public or private, with us, the nations of Christendom. Institution of 38. It might be demonstrated histori- the consular of- cally, what in this place it will sufiice to affirm, that the institution of consuls, in their present capacity of international agents, origi- nated in the mere fact of differences in law and religion at that period of modern Europe in which it was custo- ' Despatches of United States consul at Frankfort-on-the-Main, December 23, 1854, and January 3, 1855. PKIVILEGES 01* CONSULS. 39 mary for distinct nationalities, co-existing under the same general political head, and even in the same city, to maintain each a distinct municipal govern- ment.^ 39. Such municipal colonies, organized consuia in the by the Latin Christians, and especially by Levant. those of the Italian republics in the Levant, were administered each by its consuls, that is, its proper municipal magistrates of the well-known municipal denomination of ancient Italy. The commercial rela- tion to the business of their countrymen was a mere incident of their general municipal authority. Such, also, at the outset, was the nature of their political relation to other co-existing nationalities around them in the same country, and to that country's own supreme political or military power. 40. The consuls of Christian States, in the countries not Christian, still retain ^j^^^g j^ ^^^j^. unimpaired, and habitually exercise, their tries not ciiris- primitive functions of municipal magis- trates for their countrymen ; their commercial or in- ternational capacity in those countries being but a part of their general capacity as the delegated administra- tive and judicial agents of their nations.^ 41. This condition of things came to be origin of the permanent in the Levant, that is, Greek ^^^ °* nations. Europe and its dependencies, by reason of the tide of Arabic and Tartar conquest having overflowed so large a part of the Eastern empire, and established the • Tuson's British Consul's Manual, pp. 1, 4, 122, 124. ' Wheaton, note, pp. 224-230 ; Senate Ex. Doc. No. 1, 33d Congress, 1st Ses- sion. 40 PKIVILEGES OF CONSULS. Mohammedan religion there. But the result was different in Latin Europe, because the modern nations, formed in this quarter out of the broken fragments of the Western empire, being Christian, and thus deriv- ing their religion and their civilization from the same fountain-head of Rome, settled into something of ap- proximation to one great political community, under the influences, potential when combined, of the mili- tary power of the Frankish or Germanic Emperors, and the moral power of the Papal See. Thus it was that the mass of legal ideas, which we now call the law of nations, came to exist and have authority. It is, in its origin at least, the system of public law of Latin or Western Europe. 42. This imperfect political unity of o/ In. Ippro^- Western Europe was obstructed at first mate unity of by the antagonism of the Celto-Romanic pu aw. ^^^ ^-j^^ Grermanic races, and was threat- ened with complete dissolution when that original anta- gonism reappeared in the separation of some of the Germanic populations from the Papal See, under the popularly assumed, religious title of Protestants. But after thirty continuous years of reciprocal devastation and slaughter, the States of the old and new faith concluded a truce at least, if not a peace, and agreed, while acquiescing in the fact of religious difference, to maintain approximate unity of public law, and thus, by subordinating the religious idea to the legal one, to live together in some sort, as they have continued to do, with only occasional spasms of fanatical intole- rance breaking out into civil or foreign war. At a late period, Russia, though of Greek faith, came into the PRIVILEGES OF CONSULS. 41 European system of public law, with the less difficulty, indeed, for the reason that Latin Europe and Greek Europe alike nourished the legal traditions of the Roman empire, though these be derived in the former case from Rome, and in the latter from Con- stantinople. 43. Thus, by the combination of Ro- manic law and Christian faith it is that we ^^^^ ™ *® nature of the have come to have a common public law, consular office under whose gradual operation claims of ^™°"s Chns- o ^ tian nations. private exterritoriality soon fell into desuetude among the governments of Christendom ; Italians in England, and Englishmen in Italy, at length submitted to the local law ; foreign colonial nationalities finally ceased to exist of right ; their con- suls proceeded to sink from the condition of municipal functionaries into that of mere commercial or semi- diplomatic ones ; and thus, in process of time, by tra- ditional usage, by positive provisions of local law, and by treaty stipulations, the existing legal character, with its limited rights, was fixed on the foreign con- suls mutually accredited in the countries of Christian Europe and America. 44. In our relations with nations out of ^ ^ . JliXtemtorial the pale of Christendom, we retain for rights retained our own citizens and consuls, though we ^ Mohamme- ' ° dan States. cannot concede to theirs, the rights of Religion an eie- exterritoriality. Religion is the chief rep- ment of public resentative sign, and it is an element of the question of public law. But the critical fact is the difference of law. The legislation of Mohammed, for instance, is inseparable from his religion. We cannot 42 PRIVILEGES OP CONSULS. submit to one without also undergoing the other. The same legal incompatibility exists, for one reason or another, between us and the unchristian States not Mohammedan. Institutes and 45. "Whereas Christendom, on the other Pandects. hand, in all its subdivisions of race, nation- ality, and religion, is the common heir of the political ideas, and especially the legislation, of the Roman empire; for the Institutes and Pandects themselves, thpugh comprising the sum of the legal science of Rome, were compiled and promulgated at Constanti- nople, and constitute the broad foundation of the jurisprudence, public and private, of the whole of Christendom. Unity in Chris- 46. When the couutries now Mohamme- tendom. ^^^ shall be resubjected to the doctrines of the Roman law, then can they be admitted to the same reciprocal community of private rights with us, which prevails in Christian Europe and America. Until that event happens, Turkey, and other Moslem States in Africa or Asia, may, like China or Japan, enter into the sphere of our public law in the relation of government to government, but not in the relation of government to men. That full interchange of inter- national rights is admissible only among the nations which have unity of legal thought, in being governed by, ©r constituted out of, the once dissevered, but since then partially reunited, constituents of the Grseco- Roman empire. GHAPTEE III. JUDICIAL AUTHOEITY OF THE COMMISSIONEK OR MINISTER AND CONSULS OF THE UNITED STATES IN CHINA, TURKEY, AND JAPAN.' 47. The jurisdiction of the commis- ^ct of August sioner or minister and consuls of the ^i- 1^^^- United States in China, so far as regards the forms and the manner of its exercise, is regulated by the act of August eleven, 1848, which was substantially re- enacted on the twenty-second of June, Act of June 22, 1860, with such additional provisions as ^^^o. to make it comprehend other countries with which the United States have treaties similar to that with China. These acts purport to have for their ol:Q'ect to carry into effect certain provisions, in this relation, contained in the respective treaties between the United States and China, and the United States, the Ottoman Porte, and other countries.^ ' This chapter embraces substantially an opinion of a late Attorney General of the United States, Opinions of the Attorneys General, vol. vii. pp. 492-522, which was requested by the Department of State, in reference to the judicial authority of the ministers and of consuls of the United States in China and Turkey, to whose special attention it is referred for their study and guidance. Since the opinion was given in 1855, the act of June 22, 1860, has been passed, by which many of the provisions of this act have been made applicable to the relations of the United States and its citizens with Japan, Siam, Persia, and other countries. " Statutes at Large, vol. ix. p. 276 ; Statutes, vol. xii. pp. 72-79. 43 44 JUDICIAL AUTHOKITY OF TJ, S. CONSULS Mode of inter- 48. The former act, consisting of pretingit. twentj-four sections, is, of course, to be considered as a whole ; and anything obscure in one part of it is to be elucidated by reference to other parts. Its connection 49. It is, avowedly, based on the two with treaties. treaties in question, and especially that with China, and is to be construed in subordination to that and to the constitution. In substance, it accepts and gives actual form to those stipulations of treaty, which confer on all citizens of the United States the rights of exterritoriality in China and Turkey. 60. The legal rationale of the treaty stipulations as to China, with which we are now chiefly concerned, and their relation to the legislative authority of the United States, are explained in the following despatch of the minister who negotiated the treaty: _ ^ , . "I entered China with the formed general convio- Extract from _ ' Mr. Cushing's ^^^^ *^^* *^^ United States ought not to concede to despatch in ex- any foreign State, under any circumstances, jurisdic- planation of the ^ign over the life and liberty of a citizen of the United "^^^ ^' States, unless that foreign State be of our own family of nations, — in a word, a Christian State. " The States of Christendom are bound together by International ... , . , » ^ i ■ i , n ., 1 f Ch ■ t treaties, which confer mutual rights and prescribe re- dom. ciprocal obligations. They acknowledge the authority of certain maxims and usages, received among them by common consent, and called the law of nations ; but which, not being fully acknowledged and observed by the Mohammedan or Pagan States, which occupy the greater part of the globe, is, in fact, only the international law of Christendom. Above all, the States of Christendom have a common origin, a common religion, a common intellectuality; associated by which common ties, each permits to the subjects of the other, in time of peace, ample means of access to its dominions for the purpose of trade, full right to reside therein, to IN CHINA, TURKEY AND JAPAN. 45 transmit letters by its mails, to travel in its interior at pleasure, using the highways, canals, stage-coaches, steamboats, and railroads of the country as freely as the native inhabitants. And they hold a regular and systematic intercourse as governments, by means of diplomatic agents of each, residing in the courts of the others, respectively. , All these facts impart to the States of Christendom many of the qualities of one confederated republic. " How different is the condition of things out of the limits of Christendom! From the greater part of Intercourse Asia and Africa individual Christians are utterly Mohammed excluded, either by the sanguinary barbarism of the nations, inhabitants, or by their frenzied bigotry, or by the narrow-minded policy of their governments. To their courts, the ministers of Christian governments have no means of access except by force, and at the head of fleets and armies. As between them and us, there is no community of ideas, no common law of nations, no interchange of good offices ; and it is only during the present genera- tion that treaties, most of them imposed by force of arms or by terror, have begun to bring down the great Mohammedan and Pagan gov- ernments into a state of inchoate peaceful association with Christen- dom. " To none of the governments of this character, as it seems to me, was it safe to commit the lives and liberties of citizens of the United States. "In our treaties with the Barbary States, with Turkey, and with Muscat, I had the precedent of the , T! h ^ assertion, on our part, of more or less of exclusion of states. the local jurisdiction, in conformity with the usage, as it is expressed in one of them, observed in regard to the subjects of other Christian States. " Mr. Urquhart thinks these concessions have not been wise on the part of the Mohammedan States. It may be so for them ; but it will be time enough for them to obtain jurisdiction over Christian foreign- ers, when these last can visit Mecca, Damascus, or Fez, as safely and freely as they do Eome and Paris, and when submission to the local jurisdiction becomes reciprocal. " Owing to the close association of the nations of Christendom, and the right their people mutually enjoy and exercise, of free entry into 46 JUDICIAI- AUTHOEITY OF U. S. CONSULS each other's country, there is reciprocity in the recognition of , the local jurisdiction. Not so in the case of the great Moslem or Pagan States of Asia and Africa, whose subjects do not generally frequent Europe and America, either for trade, instruction, or friendship. " In China, I found that Great Britain had stipu- P|, . lated for the absolute exemption of her subjects from the jurisdiction of the empire ; while the Portuguese attained the same object through their own local jurisdiction at "I deemed it, therefore, my duty, for all the reasons assigned, to assert a similar exemption on behalf of citizens of the United States. This exemption is agreed to in terms by the letter of the treaty of Wang-Hiya. And it was fully admitted by the Chinese, in the cor- respondence, which occurred contemporaneously with the negotia- tion of the treaty, on the occasion of the death of Sha Aman. "By that treaty, thus construed, the laws of the Union follow its citizens, and its banner protects them, even within the domain of the Chinese empire. " The treaties of the United States with the Barbary powers, and with Muscat, confer judicial functions on our consuls in those coun- tries, and the treaty with Turkey places the same authority in the hands of the minister or consul, as the substitute for the local juris- diction, which, in each case of controversy, would control it if it arose in Europe or America. These treaties are in this respect ac- cordant with general usage, and with what I conceive to be the prin- ciples of the law of nations in relation to the non-Christian powers. "In extending these principles to our intercourse with China, see- ing that I had obtained the concession of absolute and unqualified exterritoriality, I considered it well to use in the treaty terms of such generality, in describing the substitute jurisdiction, as, while they hold unimpaired the customary or law of nations' jurisdiction, do also leave to Congress the full and complete direction to define, if it please to do so, what officers, with what powers, and in what form of law, shall be the instruments for the protection and regula- tion of the citizens of the United States. "And it only remains, in case the treaty shall be ratified, to adopt such legislative provisions as the wisdom of the President and of Congress may desire or approve, to give efiect to the concessions which IN CHINA, TTJKKEY AND JAPAN. 47 the, Chinese government has made in this matter, and which seems to me so important in principle, and so material to the honor and interests of the United States." ' 51. This anticipated dependence of the Dependence of act on the treaty is plainly expressed by the act on the it, in so far as regards the civil jurisdic- ^^^' tion of the commissioner and consuls, when it says : "Which jurisdiction shall embr&ce all controversies between citizens of the United States or others pro- vided for by said treaty."^ And in the text of the act, as well as its title, it purports " to carry into effect" or into " full effect" the provisions of the treaty. 52. The cnmmaZ jurisdiction conferred civU and crim- by the act is general in terms, without, ^ai jurisdic- however, as will be seen hereafter, over- stepping the treaty. Whether the civil jurisdiction is broader than that of the treaty, is to be decided by its enactments. It is not perceived that there is any pro- vision of the act, in this respect, which goes beyond the treaty. Any provision, to have such effect, must be affirmative and reasonably explicit; because the tribunals, constituted by the act as well as the treaty, are special ones, having limited jurisdiction, namely, that which is conferred by treaty or statute ; and nothing appears, in the course of the act, capable of imparting jurisdiction beyond the persons and predi- caments provided for by the treaty stipulations. 53. In ascertaining the intent of the statute, care must be taken at no. time to lose sight of the provi- 1 Mr. Gushing to Mr. Calhoun, Sept. 29, 1844; MS., Department of State. ' Statutes at Large, vol. ix. p. 276, sec. 3. 48 JUDICIAL AUTHORITY OF U. S. CONSULS sions of the treaty, at least in the questions of juris- diction. 64. The treaty and statute must be ex- Officiais. amined, to discover who are the persons that are to exercise this jurisdiction, the forms of its exercise, the laws it is to administer, and the persons and the conditions of its application. "For the superintendence and regulation of the concerns of the citizens of the United States doing business at the said five ports" (of China), says the treaty, "the government of the. United States may appoint consuls, or other officers, at the same, who shall be duly recognized as such by the officers of the Chinese government."^ 55. After which it proceeds : . ,. t t f " All questions in regard to rights, whether of pro- disputed ques- perty or person, arising between citizens of the tions and con- United States in China, shall be subject to the juris- troversiea. diction, and regulated by the authorities, of their own government. And all controversies occurring in China between citizens of the United States and the subjects of any other govern- ment, shall be regulated by the treaties existing between the United States and such governments, respectively, without interference on the part of China.'" "And if controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations acting in conjunction.'" 56. Finally, in regard to crimes, it is agreed that — ''Citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the consul, or other public functionary, of the United States thereto authorized, according to the laws of the United States."* 1 statutes at Large, vol. viii. p. 593. " ii,i,j. p. 597_ ' Ibid. p. 597. i Ibid. p. 596. IN CHINA, TURKEY AND JAPAN. 49 57. On attentive consideration of the Exterri tori- provisions, it will be seen that they confer *^'*y- on citizens of the United States in China unqualified and absolute exterritoriality- in all criminal matters ; and that the sole jurisdiction of the United States over its citizens in China is plainly perfect in terms, except in the following cases : 1. Where, in a matter of civil right, it concerted ac- involves controversy between a Chinese *^°"- and an American, then the authorities of the two governments are to have concerted'^iciion. 2. Where it involves controversy be- international tween an American and some other per- relations. son than Chinese, as English or French, for example, then its adjustment is to be regulated by the inter- national relations of the United States and of Great Britain or France. 3. Whether any of the provisions ^hena gov- quoted apply to a case of civil right in emment is a which some government is a party, on the ^* ^' one side, and a citizen of the United States, on the other, is a question to be considered more particularly hereafter. 68. In our treaty with the Ottoman Treaty with the Porte, the stipulations of exterritoriality '^°'^- are less explicit. In terms, it seems to be imperfect ; but, interjecting into each stipulation its true construc- tion, it will be seen that, so far as they go, they accomplish the object, as follows : " If litigations and disputes arise between the subjects of the Sub- lime Porte and citizens of the United States, the parties shall not be beard, nor shall judgment be pronounced, unless the American drag- 7- 60 JUDICIAL AUTHORITY OF U. S, CONSULS Oman be present. Causes (between subjects of the Porte, and citizens of the United States) in which the sum (in controversy) may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce (or other affairs in the Turkish empire, including the countries subject to its suzerainty), and not being charged or convicted of any crime or offence, shall not be molested (either by acts of violence, or by any claim or pretence of local jurisdiction) ; and even when they may have committed some offence, they shall not be arrested or put in prison by the local authorities, but they shall be tried by their min- ister or consul, and punished according to their offence, following, in this respect, the usage observed toward other Franks (that is, tried and punished by the authorities and the laws of the United States")-' Minister or con- 59. In Order to execute these treaties, — sui defined. ^q g^rry the laws of the United States into Turkey and China; — to have our territorial jurisdiction follow our people and our flag into those empires, — persons clothed with lawful authority are the necessary instruments. In the treaty with Turkey they are spoken of as the " minister or consul" of the United States ; in that with China, as " consuls or other offi- cers," "public officers," the "consul or other public functionary," and "the authorities," of the United States. Then comes in the statute which provides for the exercise of judicial power over the citizens of the United States in the cases which it defines, by " the commissioner and consuls of the United States duly appointed to reside in China," ^ and by "the minister of the United States and the consuls appointed by the United States to reside" in Turkey:* it being provided that the term "commissioner," like that of "minister," 1 Statutes at Large, vol. viii. p. 409. ' Ibid. vol. ix. p. 276. » Ibid. p. 279. IN CHINA, TURKEY AND JAPAN. 51 is intended for "the person vested with the powers of chief diplomatic functionary of the United States," and the term "consul" for "any person vested by the United States with, and exercising, the consular authority" in Turkey or China. 60. It is observable that the statute pro- ,, , . '- Mode of exer- vides in terms for the exercise of judicial cising judicial powers by the ministers and consuls in t^°^^^^- Turkey only "so far as regards the punishment of crime." ^ It leaves all questions of civil jurisdiction to the vagueness of the general analogies of public law as applied to Franks in the Levant. The in- structions which follow, therefore, are only in part applicable to Turkey, and will be stated mainly as affecting China.^ 61. In thus retaining jurisdiction of American citi- zens in China, and providing persons to exercise it, reliance could not be had upon the law of nations ex- clusively, nor upon usages, or a customary local code applicable to the emergency, such as exists in the Levant. Accordingly^ the statute contains the follow- ing important provision : " That such jurisdiction in criminal and civil matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to execute said treaty, extended over all citizens of the United States in China (and over all others to the extent that the terms of the treaty justify or require), so far as such laws are suitable to carry said treaty into efi'ect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furiiish suitable reme- dies, the common law shall be extended in like manner over such citizens and others in China ; and if defects still remain to be sup- ^ Ibid. p. 279. ' Opinions of the Attorneys General, vol. v. p. 67. 62 JUDICIAL AUTHOKITY OF XT. S. CONSULS plied, and neither the common law nor the statutes of the United States furnish appropriate and suitable remedies, the commissioner shall, by decrees and regulations, which shall have the force of law, supply such defects and deficiencies.'" 62. The systeM of law is composed, System of law. •' therefore, of — 1. The laws of the United States, comprehending the constitution, treaties^ acts of Congress, equity and admiralty law, and the law of nations, public and private, as administered by the Supreme Court and Circuit and District Courts of the United States, and, in certain cases, regulations of the Executive Depart- ments. 2. "The common law." In this respect, the statute furnishes a code of laws for the great mass of civil or municipal duties, rights, and relations of men, such as, within the United States, are of the resort of the courts of the several States. Reason for the ^^- ^^mo general code in these respects adoption of the became necessary, because the law of the common law. ^^^^^ Statcs— that is, the federal legisla- tion — does not include these matters, and, of itself, would be of no avail toward determining any of the questions of property, succession, contract, which con- stitute the staplte matter of ordinary life. Common law of 64. For such of the States as were the states. founded in whole or chief part by colo- nists from Great Britain and Ireland, or their descen- dants, the law of England, as it existed in each of those States at the time of their separation from Great Britain, with such modifications as that law had un- ' Statutes at Large, vol. ix. p. 276. IN CHINA, TURKEY AND JAPAN". 53 dergone by the operation of colonial adjudication, legislation, or usage, became the common law of such independent State. 65. Meantime, in addition to many ,, ,.„ ,. ' •' Modmcations changes, differing among themselves, of the common which the common law underwent in each ^^'^' of the colonies befor6 it became a State, that common law has been yet more largely changed by the legisla- tion and judicial construction of each of the States. Hence, it was not enough to enact that the common law should intervene to supply, in China, deficiencies in the law of the United States. For the question would be sure to arise, What common law? The common law of England at the time when the British colonies were transmuted into independent republican States ? Or the common law of Massachussetts ? Or that of New York, or Pennsylvania, or Virginia? For all these are distinct, and in many important respects diverse, " common law." 66. To dispose of this difficulty, the statute went one step further, and enacted that — 3. "Decrees and regulations" maybe Decrees and made from time to time by the commis- regulations. sioner, which shall have the force of law, and sup- ply any defects or deficiencies in the common law and the laws of the United States. This power of sup- plementary decree or regulation serves to provide for many cases of criminality, which neither federal stat- utes nor the common law would cover. 67. In addition to which, it is enacted Forms and exe- that the commissioner, with advice of the cution of pro- several consuls, shall prescribe the forms 54 JUDICIAL AUTHOKITY OF U. S. CONSULS of processes to be issued, the mode of executing the same, the form of oaths, the costs and fees to be allowed and paid, and, generally, to make all such decrees, regulations, and orders, under the act, as the exigency may demand, which shall be " binding and obligatory until annulled or modified by Congress."^ Decrees etc. ^^- ^^ Certain rcspects, therefore, the to be laid be- commissioner legislates for citizens of the ngresB. United States in China; it being required, meanwhile, that such "regulations, orders, and de- crees," as he may make in the premises, shall be trans- mitted " to the President, to be laid before Congress for its revision."^ Administration 69. The statute then proceeds to de- of law. scribe in detail the manner in which the commissioner and the consuls are to administer law in China. First, it is enacted that said " public func- tionaries" are empowered "to arraign and try," in a certain manner, all citizens of the United States " charged with offences against law" which shall be committed in China, and, upon conviction, to sentence such offenders, and to issue, " each of them," such pro- cesses as are necessary to carry this authority into exe- cution ; and, secondly, that in regard to civil rights, whether of person or property,, said functionaries are " invested with all the judicial authority necessary to execute the provisions of the said treaty."^ Criminal juris- 70. In regard to criminal matters, each diction. consul, within the limits of his consular circumscription, is empowered, upon personal know- 1 Statutes at Large, vol. ix. p. 276. ' Ibid. p. 277. ' Statutes at Large, vol. ix. p. 276. IN CHINA, TITEKEY AND JAPAN. 55 ledge, belief, complaint, or information in writing, to cause the arrest of any citizen of the United States charged with the commission of crime in China, to try the offender, and to punish, by fine or imprisonment, under the following conditions : 71. In all cases where the fine does not Fines and im- exceed one hundred dollars, or the im- prisonment. prisonment sixty days, the consul may, if he see fit, hear and decide alone, and by his own mere authority.'- 72. In all cases where the fine is more than one hundred dollars, but not more than five hundred, or the imprisonment more than sixty days, but not more than ninety, the consul may hear and decide alone, but subject to an appeal to the commissioner.^ 73. In all the foregoing cases, if the ^pp„i„tment consul see fit, and in all cases of higher and duties of punishment, of necessity, he will summon ^^^^^^°^- one or more citizens of the United States, not exceed- ing four, to sit with him in the trial. Each of such assessors shall enter and sign of record his opinion in the case, which, however, shall be decided still by the consul. If he and his assessors concur in opinion, the decision is final ; but if they differ, the case, with the record and all the evidence, shall be referred to the commissioner, who may either determine it, or, if he choose, remit the case with instructions to the consul for further proceedings.^ 74. In capital cases, which, as enumer- „ . , Capital cases. ated by the act, are " murder, insurrection, or rebellion against the Chinese government with in- 1 Ibid. p. 277 ; ibid. vol. xii. p. 74, sec. 8. " Ibid. p. 277. s Statutes at Large, vol. ix. p. 277. 56 JUDICIAL AUTHORITY OF U. S. CONSULS tent to subvert the same," the provision is, that the consul must always proceed with four assessors ; he and they must all concur in opinion to produce conviction, and the conviction is invalid unless approved by the commissioner ; who, if he approve it, is either to issue a warrant of execution, or postpone the same, or, in his discretion, submit the case to the President of the United States for pardon.^ 75. In regard to civil matters, the pro- Civil cases. . ... , Vision IS, that m "all civil cases under said treaty," the consuls have jurisdiction, each within his consular circumscription, to try of himself, and de- cide finally, any controversy where the damage de- manded does not exceed five hundred dollars. If it exceed five hundred dollars, then of necessity, and in other cases if the consul see fit, he is to summon to his aid not less than two, nor more than three, citizens of the United States as assessors, who shall with him hear the case. If the associates concur in opinion with the consul, his decision is final ; but if they differ with him, their opinions are to be noted on the record, and either party may appeal from his decision to the commissioner.^ Cases of appeal . ^6. The Commissioner is fully author- to the commis- izod to hear and decide all cases which lawfully reach him under the provisions of the act, and " to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby ; and he is empowered to prescribe rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon justifiable grounds."* 1 Statutes at Large, vol. ix. p. 278. ^ n,id_ p_ 279. 3 ibid. p. 278. IN CHINA, TURKEY AND JAPAN. 57 77. Although it is nowhere said by the Appellate juris- statute, in so many words, that the judicial ^^^*^°^- authority of the commissioner in the trial of the above- described cases, civil or criminal, is appellate only, yet such appears to be its true legal intendment. Ko original jurisdiction in these two classes of cases is given to him in express terms by the statute. It is all conferred in express terms on the consuls. In capital cases, it is plainly enacted that the consul and his assistants convict, and the "commissioner approves the conviction," the previous conviction ji^„tiiority of being essential, and approval or disap- the commis- proval being in the nature of things a separate act. In all other criminal cases, and in all the civil cases mentioned, the matter comes to the commissioner by appeal, or by certificate of difference of opinion between the consul and his assessors ; and the commissioner decides upon the evidence " which comes up," that is, from the consul, or upon further hearing of the parties, as he shall determine. All these are the incidents and the indicia of appellate, as distinguished from original, jurisdiction, original and Moreover, it seems fitting, and in the appellate juris- analogy of other judicial proceedings, that, in ordinary matters, an appellate authority should exist ; which would not be the case here, if the com- missioner had, in all things, original jurisdiction, con- current with that of the consuls; and this anomaly would be the greater in the matter, in consideration that the statute gives no assessors to the commissioner. 78. It is doubtless the theory of the Theory of the statute, and a good one, to give to the statute. 8 58 JUDICIAL AUTHORITY OF U. S. CONSULS commissioner, in ordinary judicial matters, at common law, only a regulative, appellate, and superintending authority, devolving the original jurisdiction in such cases upon the resident consuls; that condition of things being altogether in harmony with their diplo- matic relation to one another and to the government.^ No apparent inconvenience attaches to this conclusion, except in the contingency of the temporary vacancy of a consulate. In such case, the commissioner has authority to appoint an acting consul.^ 79. But the criminal and civil cases, Cases other than civil and which have thus far bee*n the subject of crimmai. consideration, do by no means cover the field of judicial authority at common law, still less that of such authority under the laws of the United States, still less of that which may be comprehended by regulations adopted by the commissioner, or by the commissioner and the consuls, and having " the force of law," to supply any defects or deficiencies in the common law and the laws of 'the United States. It is manifest that the terms of description, contained in the statute, embrace all possible jurisprudence, which does or may exist, compatibly with the organic princi- ples of constitutional law, which govern, and at the same time guard the rights, and the duties of citizens of the United States, Leaving out of consideration all criminal matters, that is, treating them as fully disposed of, it becomes material to inquire how matters, not criminal and not included in the appealable civil 1 Mr. Marshall to Mr. Maroy, Deo. 8, 1853, Ex. Doc. 33d Cong., 1st Sees, No. 123, p. 334. 2 Ibid, p. 372. IN" CHINA, TURKEY AND JAPAN. 59 cases, are to be dealt with as between tbe commissioner and the consuls. 80. The statute provision as to the trial statute provi- of civil "cases" is, that "the consuls ^i°°^- aforesaid, and each of them at the port for which he is appointed, shall have jurisdiction, as is herein pro- vided, in all civil cases arising under said treaty, wherein the damage demanded does not exceed five hundred dollars," in which cases the consular decision may be final; "but if in his judgment any case in- volves legal perplexities, and assistance will be useful, or if the damage demanded exceeds five hundred dol- lars," then he must have assessors, and his decision is subject, in case of difference of opinion, to an appeal to the commissioner.^ 81. Now, there are processes which do „. „ ■^ Miscellaneous not involve any question of "damages" processes and whatever, but which are nevertheless of '''^^" primary importance and utility : such as the writ of habeas corpus. 82. Other cases of controversy at law exist, which concern property, but in which no question of mere damage is involved, unless incidentally, such as many suits in rem, and many others de re. 83. There is another class of cases of property, in which no damages are demanded, but equitable relief only, such as most matters in chancery. 84. There is another class of processes, which have for their object to enforce or to protect rights in cases already sub judice or otherwise ; such as writs of man- damus, supersedeas, and prohibition. I Statutes at Large, vol. ix. p. 278. 60 JUDICIAL AITTHOEITY OF IT. S. CONSULS 85. Finally, there is a vast body of justiciable rights, to which the phrase of "damages demanded" can by no possibility apply, being questions of personal right, of the domestic relations, of inheritance, or of testa- mentary disposition. This includes cases of copart- nership, or other joint interest, in real or personal estate, of insolvency, of divorce, of alimony, of wills, and of intestate successions. 86. As to the distribution of all these Distribution of . . , , duties and limi- matters between the commissioner and the tation of gene- cousuls, the statuto is absolutely silent; ral powers. _..,.. , , , and. that distribution is to be made by regulation, in subordination always to other specific rules of law. Therefore it is, that, in several provis- ions of the statute, jurisdiction is conferred in general terms on both the commissioner and the consuls ;^ and that a general power to issue all needful processes, as well as to make reguiatibn &f all processes, is conferred on the commissioner.^ These general powers, as has been seen, are defined and limited as to certain "civil cases" in other parts of the statute, which limitation depends on the nature of the case, as indicated by the question of "damages." T ... J. 87. The same general powers are also Local jurisdic- _ _ . tion, and condi- limited more or less in the sense of local- tions thereof. j^y. f^j. -^ jg enacted that "the said func- tionaries," j^at is, the commissioner and the consuls, being " (in) vested with all the judicial authority necessary to execute the provisions" of the treaty, "shall entertain jurisdiction in matters of contract at ^ Statutes at Large, vol. ix. p. 276. ^ Ibid. pp. 276, 278, sections 5 and 13. IN CHINA, TURKEY AND JAPAN. 61 the port where or nearest to which the contract was made, or at which or nearest to which it was to be executed ; and in all other matters, at the port where , or nearest to which the cause of controversy arose, or at the port where or neaa-est to which the damage com- plained of was sustained, — any such port above named being always one of the five mentioned in the treaty."^ These conditions of locality are to be applied, so far as may be in their nature applicable, to all cases. To many cases of contract and damage sustained, the condition of one of the five ports is inapplicable by its very nature. Thus it may be the case of a contract made and to be executed, or of damage sustained, in Europe or in America, the parties being now in China. 88. And the condition does not apply in terms to anything but matters of "contract" or of "damage sustained." Nor does the other form of the condition — " the port where or nearest to which the cause of con- troversy arose" — satisfy all "the desiderata of the sub- ject. There may be no "controversy" or "cause of controversy" in the matter, though it requires judicial determination, as the probate of a will, which is at once the source and the authentication of title. And in many matters of " controversy," it may be difficult, if not impossible, to show where the" " cause of contro- versy " arose. But the statute does not undertake or profess to provide specially for all questions, leaving many to the regulations of the commissioner. Where the question of place of judgment is determined by the statute, of course that controls the commissioner as well as the consuls. In all other cases, the rules and > Statutes at Large, vol. ix. p. 276. 62 JUDICIAL AUTHORITY OF U. S. CONSULS analogies of law on this subject of jurisdiction, having reference to the situs of the thing, or the residence or commorancy of parties, afford a sufficient guide to the regulative discretion of the commissioner. 89. Whatever is determined as to the Place of juris- tti • • • t a.- ' diction and jpevson who shall exercise jurisdiction, persons exer- mugt of course be Conciliated with what shall be determined as to the place of juris- diction. Independently of this, the commissioner and the consuls should make provision, in the manner in- dicated by the statute, that is, by separate or by joint regulations,^ concerning all those things the jurisdic- tion of which it leaves indeterminate, and, therefore, subject to regulation. Cases of ori "- ^^- Matters of insolvency, intestacy, nai juris die- probato of will, divorce, division, or regu- '"'"■ lation of copartnership or other common ■interests, habeas corpus, specific performance, trust, discovery, seamen's wages, charter-party, bottomry, and other matters of equity, admiralty, or ecclesiastical law, are, for the most part, of local nature, and requir- ing prompt interlocutory action of judicial authority ; and, therefore, seem to be fit subjects for the original jurisdiction of the consuls, with proper regulations for appeal to the commissioner. 91. On the other hand, some processes, Processes ap- ti -, i -i -j.- I i propriatetothe "^^ mandamus, prohibition, supersedeas, jurisdiction of are of SO high a nature, that, like review, eioner."'"'"^^' ^^^J seom appropriate to the jurisdiction of the commissioner. The same observa- tion may, perhaps, apply to some processes in equity. ' Statutes at Large, vol. ix. p. 276. IN CHINA, TURKEY AND JAPAN. 63 92. Even as to all these matters, which . ,, ' Adherence to the statute leaves undetermined, the safer the spirit of the course will be to adhere, so far as possible, ^^" to the spirit of the law, which makes the commissioner the appellate supervisor of the judicial acts of the consuls. 93. Inquiry has arisen as to whether a Appointment vice consul has power to act judicially in °^ "'^'^^ consuls. China. It has been supposed that this is a question of the delegation of judicial power by a consular judge. It rather seems to be the question of how a vice consul may be lawfully appointed. 94. The statute expressly says that official titles "the word commissioner, when used in this defined. act, shall be understood to mean the person (in) vested with and exercising the principal diplomatic functions in China, and the word minister as meaning the per- son (in) vested with the powers of chief diplomatic functionary of the United States in Turkey. The word consul shall be understood to mean any person (in) vested by the United States with and exercising the consular authority in any of the five ports of China named in the treaty, or any port in Turkey."^ The act then proceeds to say that " all such officers shall be responsible to the United States and to the laws thereof, not as diplomatic functionaries and commer- cial functionaries, but as judicial officers, when the^ per- form judicial duties." ^ 95. Now, it has never been doubted j^^i^iai pow- that the secretary of legation in China, ers of certain or any other acting charg6 d'affaires, 1 Statutes at Large, vol. is. p. 279. « Ibid. p. 280. 64 JUDICIAL AUTHOKITY ,0F U. S. CONSULS could officiate as judge in virtue of treaty and statute. And as to consuls, the statute has no possible signifi- cancy, unless it be that vice consuls may so act, when duly appointed by the United States. In truth, the statute, with great propriety, employs the word consul as the nomen generalissimum for any person lawfully invested with consular authority. If, therefore, the vice consul have this power, it will not be authority delegated in the sense of the objection, that is, the case of a judicial consul delegating his judicial au- thority ; but, on the contrary, it is the case of power conferred by the statute. Vice consul- ^^- Morcovor, the objection assumes by whom ap- that the vice consul is appointed by the pointe . consul. That is an error. The vice con- sul is in law appointed by the Secretary of State or the President, just as inspectors of customs are in law appointed by the Secretary of the Treasury (or the President). To be sure, the consul in practice frequently nominates a vice consul to the Secretary of State, as the collector of customs nominates an in- spector to the Secretary of Treasury.^ Whether nominated in the first instance by the commissioner or by the consul, the vice consul, when approved by the Secretary of State, is to be deemed a " person (in) vested by the United States with and exercising the consular authority." Doctrine of ex- ^7. Suggestion is made of some other territoriality in matters of doubt in the judicial power certain cases. n A.^ • • n • i i 01 the commissioner and the consuls, 1 Opinions of the Attorneys General, vol. v. pp. 162-165 ; United States v. Bachelder, 2 Gallison, p. 15 ; United States ». Wood, ibid. p. 361. IN CHINA, TURKEY AND JAPAN. 65 which makes it necessary to go back to the treaty, and compare certain of its provisions with those of the statute. These doubtful matters are the three cases specified hereafter, in which question might arise whether the exterritoriality of Americans in China is perfect. It is, in truth, however, in each of those cases, a question, not whether they enjoy exterritori- ality there so far as that is a privilege or a right, but whether it also attaches to them as an obligation. The laws of their own country accompany them to China, in so far as regards any criminal act whatsoever which they may commit, or be charged with committing therein. The same laws accompany them, in so far as regards any rights they may possess relatively to any other Americans ; and so also in regard to any obliga- tions to which they may be subject relatively to any other Americans. But it may be asked, how is it in China with regard to the civil rights and duties of Americans relatively to persons who are not Amer- icans? As among the nations of Christendom, on their own soil, we know that alien friends may sue and be sued in the courts of any country. An Amer- ican in France may recover his debt of a Frenchman ; a Spaniard in the United States may recover his debt of an American. Is the same thing true, as between persons of either of those nations in China? Is it true there, as between a Chinese and an American ? To begin with the latter case : The treaty stipulates that " if controversies arise (in China) between citi- zens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided, conformably to justice and 66 JUDICIAL AUTHOKITY OF U. S. CONSULS equity, by the public officers of the two nations acting in conjunction."^ The controversy shall be settled, that the treaty engages; it shall be settled con- formably to justice and equity, and it shall be settled by some conjoint action of the proper officers of the respective nations. But how? The answer is ob- vious. But before proceeding to give it, however, it may be well to anticipate objection to what might, at first, appear to be an anomaly in jurisprudence, namely, the administration of law among distinct nationalities in the same place or territory, as applied to the state of things in China. 98. In the middle age, the Yact was DiBtmct codes ^qj^j^qj^ ^s between the coexisting na- of law in coex- ' ° isting nation- tioualities, to givo to distiuct codes of law *^^''^' a personal application, according to na- tions, instead of a merely territorial force.^ 99. At the present time, we have pre- AdmmiBtration ^ ... ofiaw in British ciscly the Same fact before us in British India. India. Europeans, when they first visited India, found a conqueror and a conquered race living together, with the law of each administered by nation- alities.^ Each successive European conqueror followed more or less the same rule.* The doctrine applies not only to civil rights and remedies, but also, in many respects, to crimes.' And ■ the system is now sanc- tioned by the statutes of the imperial government, which enact that a case of controversy between Mo- hammedans is to be governed by their laws and ' Statutes at Large, vol. viii. p. 597. ' Cathcart's Savigny, vol. i. ch. 3. 3 Jones's Ins. Hind. Law, art. 203. * Bowyer's Pub. Law, p. 168. 5 Morley, Ind. Cases, int. p. 169. IN CHINA, TUEKEY AND JAPAN. 67 usages, and a case of controversy between Glentoos by theirs, and where it is controversy between a Moham- medan and a Grentoo, the law of the defendant's nation is to be applied to the case.^ The acts of Parliament speak of G-entoos only in addition to Mohammedans. This word is not a name of nationality, but is English corruption of the Portuguese gentio (gentile) . Hence the practical construction of the expression, in the Anglo-Indian courts, is to consider " Grentoo" as com- prehending all nationalities in Hindostan except Christians and Moors ; and the national law of each is applied with impartiality alike to Hindus, Sikhs, Parsis, and Jews.* 100. In the British colonies proper, as „ , , .,. r ir 1 Uuie of public distinguished from the so-called posses- law in the coio- sions of the East India Company, the rule ^^' of public law is to maintain the municipal institutions of the conquered until they be changed by the con- queror.* 101. In the United States the doctrine Territorial ap- is the same.* But in the British colonies pii<=ationofiaw. proper, as well as in the States and organized Terri- tories of the United States, the law is territorial in its application and force, not personal,*— that is, it applies to all persons, of whatever nation, within the ceded or conquered territory. 1 Act of Parliament of 21 George III. c. 70; and of 37 George III. c. 142. ' The Kojahs and Memons" case, Perry's Oriental Caste, pp. 110-124. ' Burge's Com., vol. i. p. 31 ; Clark, Colonial Law, p. 4. See Vattel, Droit des Gens, 1. iii. ch. 12, s. 201 ; Calvin's case, 7 Co. E. p. 176 ; Eex v. Vaughan, 7 Bur. p. 2600 ; Blanchard v. Galdy, 2 Salk, p. 411 ; Brief in U. S. v. Eitchie, p. 5. * Strother v. Lucas, 13 Peters, p. 436 ; Mitchell v. The United States, 9 Peters, p. 794. 68 JUDICIAL AUTHOKITY OF V. S. CONSULS 102. It will suffice to elucidate this by Illustrations. i t i examples drawn from our own public law. The several treaties of cession, by which foreign terri- tory, with its inhabitants, has been transferred to the United States, are those of Louisiana, of the two Floridas, and of New Mexico and California. The treaty of the United States with France, for the acqui- sition of Louisiana, stipulates that — " Art. III. The inhabitants of the ceded territory shall be incor- porated in the Union of the United States, and admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess."' 103. Stipulations to the same effect appear in the treaty with Spain, which transferred to the United States the Floridas,^ and that with the Mexican re- public, which recognized our conquest of New Mexico and California.* Euie of public ^^^' ^^ ^^^^ ^^ these instances, it has law in the been adjudged, as the rule of our public United states. ^aw, and provided by statute, that the laws and usages of the ceded country, as they existed at the time of cession, continued to be the law, not only of the previous inhabitants, but of all others who should come to reside in it. No distinction of law was maintained, in Louisiana, Florida, or California, between the original French or Spanish inhabitants and the immigrant Anglo-Americans. The civil law ' Statutes at Large, vol. viii. p. 202. s Ibid. p. 356. ' Statutes at Large, vol. ix. p. 929. IN CHINA, TTJKKEY AND JAPAN. 69 continued to be the law of the country until it was modified by the legislative act of the people of the Territory, — that is, the new inchoate state of the Amer- ican Confederation, — that is, its free inhabitants, of whichever nation, acting as a political society. In what is now the State of Louisiana, for instance, the Roman, Spanish, and French laws, modified by stat- ^ utes, continued to be the system of the State.^ In the Territory, now State, of Missouri, when the Anglo- Americans had come to predominate in numbers, the common law was substituted for the civil as the funda- mental body of jurisprudence.^ The same thing was done by the State of California.^ Thus, in each organ- ized Territory or State of the Union, there is but one municipal code, so far as regards all the inhabitants of the Territory or State. 105. Nevertheless, we have, in territory y ' ' J haw m unor- of the United States unorganized, the ex- ganized tem- ample of law administered by nationalities *°"*^" in the case of the subject Indians, more especially the ■ Choctaws, Chickasaws, and Cherokees.* 106. Nay, we have a striking example of the same thing, in substantial effect, in the administration of law as applied to the citizens of the United States. 107. Every such citizen, save in the Municipal law. District of Columbia, is a citizen of some State, or of a Territory hereafter to become a State. But, in respect of all matters of municipal resort, the several States are in the relation to one another of * Louis. Code, art. xxxvi. p. 21. ' Acts of 1816 and 1825. See Brief, Buggies v. Comtesse de Toumon, p. 38. ' Act of 1850. * Opinions of the Attorneys General, vol. vii. p. 75. 70 JTJDICIAL ATJTHOEITY OF U. S. CONSULS foreign governments, — that is to say, their citizens constitute in many respects distinct and independent nationalities. 108. In Pennsylvania, for instance, a citizen of Virginia sues, or, if there, may be sued, either in relation to a citizen of Pennsylvania, or even to another quasi foreigner, such as a citizen of Massachusetts; all in Pennsylvania being thus subject to the laws and the tribunals of Pennsylvania. But if the subject-matter be one of federal law, that, and not the law of the State, is to be applied to the case. 109. Moreover, each citizen of a State Federal courts. ■, j. t • i.t j- i i ' i- has open to him the lederal courts m a controversy between himself and a citizen of another State, either by the transfer of his case or by original suit in the courts of the United States. But, in that event, he must go into the federal courts for the State of the defendant, and, unless it be a question of federal rights, he must accept as the rule of decision the municipal law of that State. Appucation of l^^" ^liese doctriues of public law may doctrines of be applied to citizens of the United States citizens ^o7 the ^^ ^^^^^ relations to persons of other na- United States tious in China. in ina. ^^^ First, as to a demand brought by a Chinese against an American : The statute provides that the consular court shall have jurisdiction of " all civil cases arising under said treaty." The contro- versy supposed is a civil case arising under the treaty. When it arises, "the proper officers of the two na- tions" will agree that the Chinese shall go into the consular court as plaintiff, and that court will take IN CHIlirA, TUEKEY AND JAPAN. 71 jurisdiction of the defendant as an American. Or they may enter into a general agreement, and the cortlmissioner may provide, by a standing regulation ' under the statute, that the consular court shall hear and determine all private claims which Chinese may prefer against Americans. 112. Confirmatory of this conclusion, as also of what is hereafter to he said of the J""f =*i°" f consular courts case of controversy between Americans over "others" and foreigners in China, there is in the *r ^"'""'=^'' o ' citizens. statute a very significant expression, which assumes that the consular courts are to administer justice in some cases not confined to citizens of the United States. It extends the law, which it prescribes, to citizens of the United States, and to " all others, to the extent that the terms of the treaty justify or re- quire." Among those "others" are subjects of China and of any government, who, by voluntarily making themselves parties complainant or demandant before the consular court, appeal, pro tanto, to the laws of the United States. 113. Secondly, as to a demand by an American against a Chinese : The former must, of necessity, be content with such judicial or executive action of the Chinese government in the premises as appertains to their institutions, and as, by special application in each case, or by general application, may be required on the part of the public officers of the United States. 114. As to the other case, namely, con- _, . Jurisdiction of troversies occurring in China between consular courts citizens of the United States and subjects ^ controver- of any other (Christian) government, the 72 JUDICIAL AUTHOEITY OF TJ. S. CONSULS American citi- treaty provicles that the same " shall be zens and sub- rg^^i^ted bv the treaties existing between jects of foreign o J ^ States. the United States and such governments, respectively, without interference on the part of China." 115. Now we have no special treaty with any of those governments on this point ; nor is any needed, or necessarily required or intended by the stipulation under consideration. With all, we have treaties of amity, or of ordinary commercial and social inter- course ; and that sufl&ces to meet the exigency. 116. By the tenor of those treaties, as they are con- strued by the law and usage of nations, an Englishman has the right to sue a resident Anaerican, or an Amer- ican a resident Englishman, as alien friend, in all places wherever, respectively, the jurisdiction of the other country exists locally, and is complete as to subject-matter, persons, and remedial forms.-' 117. The jurisdiction of the United States is com- plete as to their citizens in China ; and the jurisdic- tion of Great Britain is complete as to her subjects in China. That the jurisdiction, in each case, is exter- ritorial, that in China it is excepted from the local territoriality, and that it is outside of the territoriality of either Great Britain or the United States, are facts wholly immaterial to the question. It is a question free of all doubt on principles of international right, and subject only to the single inquiry, whether the given countries, each proceeding in established legal forms, by whatsoever authority such forms be estab- lished, have conferred on their courts of justice in ^ Foelix, Dr. Intern, priv^, tit. xi. ch. 2. IN CHIlirA, TURKEY AND JAPAN. 73 China jurisdiction ad hoc, or whether that remains to be done. 118. Here, again, the statute is explicit and ample. • It confers on the consular courts jurisdiction of "all civil cases arising under said treaty." A demand of an Englishman against an American is a civil case arising uijder the treaty. 119. Therefore, a suit may be brought by the Eng- lishman against the American in the consular court of the United States ; as, undoubtedly, in the con- sular court of Great Britain, it may, consistently with public law, be brought by an American against an Englishman. 120. If the Englishman were within the territorial jurisdiction of the United States, he might sue, but would also be subject to suit, in the local courts, as the American might and would be in England. Nay, a suit would lie in the courts of Great Britain or the United States, between residents, both being aliens in the country.^ 121. In China, the relative condition of all these persons differs in this, that the local courts of each government, being exterritorial ones, have no terri- torial jurisdiction, but only a jurisdiction as respects persons, namely, its own citizens or subjects. Of course, neither government can take compulsory jurisdiction there of a subject or citizen of any other ; but each may act compulsorily upon its own, at the suit of that of another. 122. Perhaps neither government is under perfect obligation to do this ; but it may do so in obedience ' Foelix, ubi supra. 10 74 JUDICIAL AUTHOKITY OF U. S. CONSULS to national comity; it can rightfully do so if it will; and its obligation to do so will be perfect, provided the exercise of the right be reciprocated by the other government. 123. One other, and a more difficult, Jurisdiction of q^ggi^jon remains to be explored, namely, consular courts ^ • _ ^ "^ in controver- whether a foreign government can pursue sies between ^ ^-^-^g^ ^^ ^^^ United States for debt or citizens of the United States damage before the consul's court in China, and foreign rpy^ question is put in the most general governments. . form, for so, m truth, it needs to be con- sidered, although it has been presented as a special question of an assumed or suggested right of the government of China to sue for duties on imports or exports due, or claimed to be due, from citizens of the United States. 124. Here, within the territorial limits of the United States, beyond all perad venture, the Great Khan may, for good and lawful cause, bring suit in some proper court against a citizen of the United States. 125. In Englahd, it has been held from the earliest times that a foreign prince or government may appear and prosecute suit before the courts of the realm, either at law or in equity.^ The King of Spain has been several times a suitor in the courts of England.'* • Calvin's case, 7 Co. E. p. 30, citing 11 Edw. III. ' Eoi d'Espaigne v. Pountes, EoUe's Abr. tit. Court d'Adm. E. 5 ; Spanish Ambassador v. Pountes, 1 Eolle's E. p. 133 ; King of Spain v. Hallett, 1 Clk. and F. p. 333, and 7 Bligh, 559 ; King of Spain v. Tacon, 4 Euss. 225 ; King of Spain v. Machado, ibid. p. 560 ; King of Spain v. Mendizabel, cited in Col. Gov. V. Eothschild, 1 Sim. p. 101. See also Hallett and King of Spain, 2 Bligh, N. S. p. 31. IN CHINA, TURKEY AND JAPAN. 75 The Queen of Portugal has appeared occasionally.^ The King of Hanover has also been a party, both plaintiff and defendant.^ 126. In the Vice Chancellor's Court, in England, it has been adjudged, it is true, that the Republic of Colombia could not be heard as plaintiff in equity.^ But this decision has been overruled in the United States.* 127.. In Pennsylvania, we have had the case of the King of France v. Morris.* The King of Spain has appeared in the circuit court of the United States.® The King of Prussia has been plaintiff in the State of Missouri. 128. One of the cases above cited is particularly interesting, because it is a suit by the King of Spain against a citizen of the United States for duties on imports into the port of Vera Cruz. This appears by the charge of the court on the trial of the case. In that charge, it is not intimated that the King of Spain might not well sue in our courts for duties: and the answer of the defendant consisted of other matters ; such as, that the duties were not due from this defendant, but from another party ; and that they had in fact been paid or adjusted in account by that other party.' 1 Queen of Portugal v. Glyn, 7 Glk. and P. p. 466. See also Glyn v. Queen of Portugal, 1 Younge & C, p. 644. » King of Hanover v. Wheatly, 4 Bev. p. 78 ; Duke of Brunswick v. King of Hanover, 6 Bev. p. 1. ' Eep. of Colombia v. Eothschild, 1 Sim. p. 94. * Eepublio of Mexico v. Arrangoiz, MS. 6 Referred to in Peter v. Steel, 3 Yeates, 250, 251. « King of Spain v. Oliver, 2 Wash. C. C. R. 429. ' King of Spain v. Oliver, 1 Peters' C. C. R. p. 376. See also ibid. p. 217. 76 JUDICIAL AUTHOEITY OF U. S. CONSULS „ . ^ , 129. While, on its face, this case goes Suits by the i i a Chinese gov- to show that a foreign government may eminent. g^^ ^^ ^^^ United States for duties, yet such conclusion must be taken with the reservation that it was a case at nisi prius. It is open to very serious objections, as applied to the case of a suit by the Chinese government for duties. That is to say, our courts are free to foreign sovereigns for many purposes ; but non constat that they are in all. cases. And, among the questionable matters, are things of political obligation, as distinguished from municipal engagement.^ This consideration may or may not be material to the present inquiry. At any rate, it sug- gests reflection as to the bearing of the treaty upon the question, 130. On referring to the treaty with China, not a single word is found which implies that the judicial authorities of the United States there may entertain the suit of a government or sovereign. The treaty mentions explicitly "the subjects of China" and "the subjects of other governments," and "subjects" alone, as the parties to legal controversy, in which the public officers of the United States are to intervene. But the statute, as we have already seen, is but coextensive with the treaty, and confers jurisdiction of those controversies, whatever they may be, which the treaty contemplates as the object of legal adjudication, and no others. Of course, as it would seem, the consular courts cannot entertain a suit by the government of China. 1 Nabob of Carnatio v. East India Com. 1 Ves. pp. 371, 388 ; 2 Ves. p. 55. IN CHINA, TUKKEY AND JAPAN. 77 131. There is another class of con- siderations, which is conclusive. It is, '^u^s'ions in- ' volving pay- that the treaty makes full provision as to ment of duties. the mode of assessing duties, and the f^^.^^^"* °^ ° ' duties. means of securing their payment; and the provision on these points consist of political engagements. The consul of the United States is to adjust all disputes of appraisement with the Chinese superintendent of customs. That is political, not judicial, action. So, without payment of duties, the superintendent refuses to deliver a clearance, and the consul withholds the ship's papers. This is political action on both sides. And it is preventive action, and, therefore, better than remedial. The govern- ment of the United States engages to the government of China that, until the duties be adjusted, no ship shall receive her papers ; and the consul sees to this on the part, and as the officer of the United States. 132. It is not maintained that the treaty might not have stipulated a purely judicial remedy in these cases, but only that it has not done this. It has pro- vided other remedies, such as the high contracting parties at the time saw fit to agree to by sovereign convention. If it be desirable on either side to change the provision of the treaty in that respect, and to open the consular courts to the Chinese government for the collection of duties, as to that, and all other governments, courts within the United States are open, an opportunity may hereafter be aflfbrded when the treaty becomes subject to revision and amendment. But whether any such change be expedient or not, is 78 JUDICIAL ATJTHOEITY OF U. S. CONSUI-S. a diplomatic question, for the determination of the President. Importance of l^^. The act of Congress, which is here the act. commented on, is a most important and valuable one. It made provision, however, for a description of cases new, in form at least, to the legis- lation of the United States, and subject,, of course, to such amendment as time and experience might show to be desirable. Instructive suggestions on this point haA'^e been presented to the Department by the com- missioner of the United States in China.^ 1 Mr. Marshall to Mr. Marcy, December 8, 1853, Ex. Doc. No. 133, B. 33d Congress, 1st Sess. p. 331 ; many of these suggestions have been embodied in the act of June 22, 1860. Statutes at Large, vol. zii. pp. 72, 79. CHAPTEE lY. DUTIES OF UNITED STATES CONSULAR OPFICEES IN CHINA. 134. Under the treaties of the United Treaty stipnia- States with China, American citizens t'°"s. charged with the commission of criminal offences in China are withdrawn from the jurisdiction of that country, and are subject to be tried and punished only by the consul, or other public functionary of the United States thereto authorized, according to the laws of the United States. In like manner, all liti- gated questions arising between American citizens in China, involving the rights of persons or of property, are subject to the jurisdiction and regulation of the authorities of their own government ; and controversies occurring in that country between American citizens and the subjects of other governments are to be. regu- lated by existing treaties without interference on the part of China.^ 135. These are very important conces- ^^t „£ August sions to American citizens, and, taken in ii> i848. connection with the acts of August 11, 1848,^ and of June 22, 1860, to carry into effect the provisions of the existing treaty with China and the Ottoman Porte, by 1 Statutes at Large, vol. viii. p. 597; vol. xii. pp. 1023-1030. ' Ibid. vol. ix. p. 276 ; ibid. vol. xii. pp. 72-79. See also chapter iii., supra ; Conventions with China. See Statutes, vol. xii. pp. 1069-1081. 79 80 DUTIES OF TT. S. COBTSULAK OFFICERS IN CHINA. vesting judicial powers in the commissioner and con- suls in China, they impose weighty duties and respon- sibilities. statute provi- 136. By the provisions of these acts, sions. tiie laws of the United States are extended over the citizens of the United States in China ; and wherein they are found deficient, recourse is to be had to the common law ; and if neither the common law nor statutes of the United States furnish suitable remedies, the minister is authorized by decrees and regulations, which have the force of law, to supply the deficiencies : such regulations and decrees are required to be transmitted to the Secretary of State, to be laid before Congress. The decision of the consular officer, who, in cases of intricacy is to be aided in his judg- ment by one or more citizens of the United States, is subject, in civil cases beyond a certain amount, to an appeal to the minister. The only capital cases are murder, and insurrection or rebellion against the Chinese government ; and in all other criminal cases the punishment is fine and imprisonment, with an appeal to the minister ; and no person can be convicted of a crime punishable with death, unless the consular of&cer and his associates all concur in opinion, and the minister approves of the conviction.^ The minister and the consuls may call on the Chinese authorities to support them in the exercise of the powers confided to them. 137. It is provided by the fifth and sixth sections of the act first above mentioned, that, in order to organize and carry into effect the system of jurispru- 1 Statutes at Large, vol. xii. p. 75. DUTIES OF V. S. CONSULAR OFFICERS IN CHINA. 81 dence demanded by said treaty, the commissioner, with the advice of the several consuls for the ports named in said treaty, or so many of them as can be conveniently assembled, shall prescribe the forms of all processes which shall be issued by any of said con- suls ; the mode of executing and the time of returning the same; the manner in which trials shall be con- ducted, and how the records thereof shall be kept ; the form of oaths for Christian witnesses, and the mode of examining all other witnesses ; the costs which shall be allowed to the prevailing party, and the fees which shall be paid for judicial services to defray necessary expenses ; the manner in which all officers and agents to execute process, and to carry the act into effect, shall be appointed and compensated ; the form of bail bonds, and the security which shall be required of the party who appeals from the decision of a consul ; and, generally, without further enumeration, to make all such decrees and regulations from time to time, under the provisions of the act, as the exigency may demand : and all such regulations, decrees, and orders, shall be plainly drawn up in writing, arid submitted, as above provided, for the advice of the consuls or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dis- sent in writing, with his name subscribed thereto ; and after taking such advice, and considering the same, the minister ma}'', nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, make it become binding and obligatory until annulled or modified by Congress, and it shall take n 82 DITTIES OF TJ. S. CONSULAR OFFICERS IN CHINA. effect from the publication or any subsequent day thereto named in the act. Publication of 138. All such regulations, orders, and decrees, etc. decrces shall, as speedily as may be after publication, be transmitted by the commisoner, with the opinions of his advisers, as drawn up by them severally, to the Secretary of State, to be laid before Congress for revision. Cautionary in- 139. The high powers Conferred by these junctions. g^^^ othor provisious of the act? referred to, are to be exercised, after careful deliberation, with the utmost discretion ; a thorough study of the instructions, in the preceding chapter, on the "judicial authority of the commissioner or minister and of consular officers of the United States in China and Turkey," is specially enjoined upon all officers exercising such functions in those countries. Observance of 140. It is of the utmost importance to the treaty. ^^le interests of the United States in China, that the stipulations of the treaties should be carefully regarded, and all violations thereof, either by our own citizens or by the Chinese, repressed or prevented; and in all controversies between them, growing out of com- mercial or social intercourse, justice should be promptly and impartially administered.^ Sanctity of 141. A rigid observance of the faith of treaties. treaties is appreciated by all mankind, whether civilized or savage, and consuls cannot be too vigilant, both by their authority and influence, in their efforts to impress upon our countrymen in that distant region the necessity of regulating their conduct toward ' Treaty with China— Statutes, vol. xii. p. 1029. DUTIES OF tr. S. CONSULAR OFFICERS IN CHINA. 83 the natives by those great principles which bind nations together in bonds of mutual peace and harmony. A trifling individual advantage, unfairly obtained in our intercourse with so jealous and suspicious a people as the Chinese, may do essential injury, for years to come, to the character of our country, and its great commer- cial interests.^ 142. In the present agitated state of vigilance en- China, the property of our citizens and joined- their rights are probably in unusual danger ; consular officers will therefore be vigilant and active in affijrd- ing them all the protection within their powers. 143. The nineteenth article of the Local difficui- treaty of 1844 stipulates, in regard to *^^- citizens of the United States, that if their dwellings or property be thi'eatened or attacked by mobs, incen- diaries, or other violent or lawless persons, the local officers, on requisition of the consul, will immediately despatch a military force to disperse the rioters, and will apprehend the guilty individuals, and punish them with the utmost rigor of the law.^ These stipu- lations should be strictly observed ; and whenever a riot shall be apprehended, a requisition should be made by the consular officer on the " local officers" for "a military force to disperse the rioters." If, after such a requisition by the consular officer, the local officers should refuse or neglect immediately to despatch a military force to disperse the rioters, the Chinese government would be responsible for all the injuries resulting from this neglect or refusal. If the ' Instructions to Commissioner Everett, MS., AprU 15, 1845. ' Statutes at Large, vol. viii. p. 596. 84 DUTIES OF U. S. CONSULAE OFFICEKS IN CHIJiTA. property of American citizens should be destroyed in consequence of a failure on the part of the " local officers" to perform this treaty obligation, the Chinese government would be bound to repair the loss.^ ,,. , . „ 144. In case of the violation of the Violation of Chinese laws Chinese laws in regard to imports by by American ^^j ^f q^. citizens, the coHSular officers, respectively, will notify them that it is stipulated by the thirty-third article of the treaty, that " citizens of the TJnited States who shall attempt to trade clandestinely with such of the ports of China as are not open to foreign commerce, or who shall trade in opium, or any other contraband article of merchan- dise, shall be subject to be dealt with by the Chinese government, without being entitled to any counte- nance or protection from that of the United States ; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the' laws of the Empire." 145. Consular officers should cause it Ubservance of Chinese rev- to be clearly understood, both by Amer- enueiaws. icans iu China, and, so far as it is pos- sible, by the Chinese themselves, that the government from which they derive their authority has no dispo- sition to encourage, and will not encourage, any viola- tion of the commercial regulations of China by citizens of the United States. They will state, in the fullest manner, the acknowledgment of the government, that the commercial regulations of the Empire, having become fairly and fully known, ought to be respected ' Instructions to Commissioner Everett, MS., Jtme 28, 1847. DUTIES OF TJ. S, COKSIJLAR OFFICERS IN CHINA. 85 by all ships and all persons visiting its ports ; and if citizens of the United States, under these circum- stances, are found violating well-known laws of trade, their government will not interfere to protect them from the consequences of their own illegal conduct.^ The important act of Congress, approved r, v t d February 19, 1862,'' "to prohibit the ' Coolie trade' by American citizens in American ves- sels," is commended to the special consideration of all consular ofBcers in China. It is fully expected that they will carefully see that its provisions are strictly observed, and, in case of the violation of them, in any case, that they will take the requisite steps to enable the Department to prosecute and bring to punishment the offenders. 146. Under the provisions of this act, ^ v t a consuls in China and other Eastern coun- tries, are charged with the duty of using all their influence and authority to prevent and discourage the traffic in laborers known as the Coolie Trade. 147. On the 16th of January, 1867, the Senate of the United States passed the following resolution : " Whereas, The traffic in laborers, transported from China and other Eastern countries, known as the „ . ' _ senate. Coolie Trade, is odious to the people of the United States, as inhuman and immoral ; and whereas it is abhorrent to the spirit of modern international law and policy, which have substan- tially extirpated the African Slave Trade, to prevent the establish- ment in its place of a mode of enslaving men differing from the former in little else than the employment of fraud instead of force to make its victims captive : be it therefore ' Mr. Webster's instructions to Mr. Gushing, May 8, 1843. 2 Statutes, vol. xii. pp. 340-341. 86 DUTIES OF V. S. CONSULAE OFFICERS IN CHINA. " Resolved, That it is the duty of this government to give effect to the moral sentiment of the nation, through all its agencies, for the purpose of preventing the further introduction of Coolies into this hemisphere or the adjacent islands. " Ordered, That the Secretary lay the foregoing resolution before the President of the United States." 148. The day after the passage of this resolution, Hon. William H. Seward, the Secretary of State, is- sued the following circular, which was immediately transmitted to the ministers and consuls of the United States in foreign countries : " I subjoin a copy of a resolution on the subject Circular of of the Coolie Trade, which has recently unanimously Sscrctjirv of gjg^jg passed both Houses of Congress. It is believed to correctly represent the moral sentiment in this country on the subject of that trade, which is now prohibited by law, except when the consul, at every port where coolies may embark, may be required to certify, upon full examination, that this embarkation is not forced or procured by fraud, but is voluntary. There is reason to believe, however, that this important requirement is sometimes, perhaps often, disregarded. You are consequently directed to make use of all the authority, power, and influence at your command towards preventing and discouraging the carrying on of the traffic referred to in any way. With reference to the officers of foreign governments, that influence must, of course, be discreetly exercised, without giving just cause of offence, in a matter which may be tolerated by the laws of their respective countries." ' Commercial re- 149. In the present condition of China, Btrictions. jt is believed that the United States con- sular officers may do much, by the exercise of a pru- dent, though firm and independent, course of conduct, to remove some of the onerous commercial restrictions ' Circular of tte Secretary of State, January 17, 1867. DUTIES OF V. S. CONSULAR OFFICERS IN CHINA. 87 existing in China, and obtain increased facilities of intercourse, not exclusively for the citizens of their own country, but to open the Chinese Empire generally to the commercial enterprise of all the civilized nations of the world. For the accomplishment of this object, consular officers will do what they can within their proper sphere of action. Nevertheless, all treaty stipulations with China must be respected, and the settled policy of the United States, of non-interference in the contests which arise between the people and their rulers, must be observed.^ 150. The very great distance of China Consular dia- from the seat of government of the United cretion. States, the delay in receiving and transmitting com- munications between it and the United States consular officers, and the constantly changing aspect of affairs in that distant country, render it necessary to leave much to the discretion and good judgment of those who have charge of the commercial and other interests of the United States there. 151. Consular officers will, on all . . , - . - , Injunctions. proper occasions, cultivate the friendly, disposition of the Chinese people, avoiding as far as possible the giving of offence either to their pride or their prejudices. They will assure them that it is both the desire and the interest of the United States that they shall be prosperous, united, and at peace with foreign nations, and among themselves ; that this country has no ambitious designs to accomplish in regard to them, no desire to acquire any of their territory ; and that the greater and more prosperous ' Mr. Marc/B instrnctions to Mr. Marshall, June 7, 1853. 88 DUTIES OF U. S. CONSULAR OFFICERS m CHINA. they become, the more mutually beneficial will be the trade between the two countries. Their prosperity will be for the good of the United States, and what- ever tends to impair it, a loss. Diffusion of in- 152. Consular ofBlcers may do much formation. toward fumishiug the Chinese people with correct and accurate knowledge, in respect to the political power and commercial resources of other nations in comparison with their own, and in this manner lead them to entertain for the United States a respectful consideration. They may also induce the Chinese to adopt higher and more just principles in their intercourse with other nations, and thus these officers will advance the commercial prosperity of this country, whose interests in that distant region are in a measure entrusted to their care, as well as secure benefits and blessings to China. Absence and ^^^- ^^ ^^^® ^ cousul in China should appointment of find it uecessary, for urgent reasons, tem- a vice consul. porarily to leave his post, with the con- sent of the President, he is authorized to appoint, with the approbation of the minister, some suitable person to act as vice consul, subject to the provisions of law and the regulations prescribed by the President for the government of consular officers.-' 1 At the date of the passage of the act of August 11, 1848, the United States were represented in China by a Commissioner ; subsequently, however, the office was made a full mission, and an Envoy Extraordinary and Minister Plenipoten- tiary appointed. For recent treaties of Russia, France, and Great Britain with China, «ee Executive Document, 36th Congress, 1st Sees. pp. 387, 395, 409 ; and for the last treaty of the United States with China, Statutes at Large, vol. xii. pp. 71-78. CHAPTEE V. DUTIES OF UNITED STATES CONSULAR OFFICEES IN TURKEY. 154. In the early stages of the progress Northern con- of the northern conquerors over Europe, querors. they were accustomed to allow to such of the con- quered nations as desired it, the privilege of being- governed by their own peculiar laws and tried by their own magistrates.-^ 155. As the several European govern- Local jurisdio- ments became consolidated, the conquer- *^°°- ors and the conquered coalesced into one people, and their separate jurisdictions disappeared; the more modern idea now prevails, that each government is in general to exercise exclusive jurisdiction over all per- sons in its territory, with a few exceptions established by specific treaties, or by the customs of Christian nations. The old usage, however, remains in full force in the East. 156. In Mohammedan and Pagan countries each Christian State asserts for its subjects more or less of exemption from the authority of the local . sovereign. Thus, at the present time, throughout Christendom, the general rule prevails that foreigners are subject, in all criminal and in most civil matters, to the local ' See chapter ii. sapra ; also chapter iii. 12 89 90 DUTIES TJ. S. CONSUIiAK OFFICEES IN TURKEY. jurisdiction ; but in Mohammedan and Pagan States, a diiferent rule obtains. National char- 157. In the law of natious, as to Eu- aeter. j-ppg^ ^-j^q rule is, that men take their na- tional character from the general character of the country in which they reside f and this rule applies equally to America. But in Asia and Africa, an im- miscible character is kept up, and Europeans, trading under the protection of a factory, take their national character from the establishment under which they live and trade. 158. This rule applies to those parts of the world from obvious reasons of policy, because foreigners are not admitted there, as in Europe and the Western part of the world, into the general body and mass of - the society of the nation, but they continue strangers and sojourners, not acquiring any national character under the general sovereignty of the country.^ The subjects or citizens of Christian States, who may hap-, pen to be sojourning or even permanently residing in Turkey and its dependencies, are privileged persons, politically as well as commercially. In all cases the ministers and consuls of their country have exercised, in regard to them, not only a protecting political authority, but also, under sundry "qualifications and modifications, varying according to treaty or usage, judicial functions and jurisdiction. Treaty with* ^^^- ^^^ earliest treaty with Turkey Turkey; stipu- providos that "if litigatious and disputes should arise between the subjects of the Sublime Porte and citizens' of the United States, the / 1 Kent, vol. i. pp. 78, 79. DUTIES ir. S. COKTSTJLAE OFFICEKS IN TURKEY. 91 parties shall not be heard, nor shall judgment be pro- nounced, unless the American dragoman be present. Causes in which the sum may exceed five hundred piastres shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pur- suing their commerce, and not being charged or con- victed of any crime or offence, shall not be molested ; and even when they may have committed some of- fence, they shall not be arrested and put in prison by the local authorities, but they shall be tried by their minister or consul, and punished according to their offence, following in this respect the usage ob- served toward other Franks." ^ 160. By the twenty-second section of Act of August the act approved August 11, 1848, and ^'^> i^^^- the twenty-first section of the act of June 22, 1860, the provisions of these acts, so far as they relate to crimes committed by citizens of the United States, are extended to Turkey, under the treaty with the Sublime Porte of May 7, 1830, and are to be executed in the dominion of the Sublime Porte, in conformity with the provisions of the treaty, by the minister of the United States, and the consuls appointed by the United States to reside therein, who are ex officio vested -with the powers conferred by the acts for the purposes therein expressed, so far as regards the punishment of crime.^ 161. It is further stipulated that the consul; mean- word consul shall be understood to mean ing of the term. ' Statutes at Large, vol. viii. p. 409, and vol. xii. p. 76. ' Ibid. vol. ix. p. 279. 92 DUTIES U. S. CONSULAR OFFICEES IN TURKEY. any person vested by the United States with and exer- cising the consular authority in any port of Turkey, Consular pro- 162. By the kws of Turkey and other tection. Eastern nations, the consulates therein may receive under their protection strangers and sojourners whose religion and social manners do not assimilate with the religion and manners of those countries. 163. The individuals who are thus protected be- come thereby clothed, for the time being, with the nationality of the protecting consulate. Usage, if not positive stipulatioii, recognizes and sanctions the rights acquired by this connection. Con- be observed in sular officers of the United States are, extending con- howevor, instructed that, while it is ex- snlar protection ji,iiii • i i^ i --i to aiiwis. pected that the same rights and privileges will be accorded to them in regard to pro- tecting persons not citizens of the United States as may be enjoyed by the consuls of other nations who have no special treaty stipulation on the subject, they are to exercise this right with much discretion. 164. If custom in Turkey gives to SlSothei f<^^^|g*^ consular officers the right of pro^ not to be tectiug evcu Ottoman subjects, it is pre- "T^^ *"°'" sumed that this right is limited to such persons as may be absolutely necessary for the discharge of the consular duties, and must have originated in consequence of the difficulty of obtaining persons not subjects of the Porte sufficiently ac- quainted with the Oriental languages. No person must be employed in the American consulates for the purpose of screening him from prosecutions for DUTIES U. S. CONSTJLAE OFFICERS IN TURKEY. 93 oflFences against the laws of the country, nor any one known to be reasonably objectionable to the Turkish government.^ 165. Consular ojBBcers in Turkey are instructed that henceforth certificates of protection shall be restricted to subjects of the Porte, and the subjects or citizens of other nations not represented at the Porte, and that they shall be issued to such persons only as are actu- ally in discharge of official duty under the direction of the respective consuls, or employed in their domestic service.^ 166. European consulates in the East are in the constant habit of opening their doors for the reception of inmates, who are received irrespective of the country of their birth or allegiance, and it is not un- common for them to have a large number of persons thus protected. International law recognizes and sanctions the rights acquired by this connection. No passports or certificates of citizenship ^^ ■*■■■■ _ '■No passports or are to be given to such individuals, but certificates of simply a tezkereh, or certificate that the f i^^^fi^ip ^ ■*■ •' .... "^ given to person to whom it is given is cared for aUens under and received under the protection of the ^^^^y^^'^ i""^ ^ _ teotion; their government whose agent has granted it, names to be re- and the names of all persons who are p°'''^- thus furnished with protections must be reported to the Department of State.* 1 See instructions to consuls in Turkey, August 24, 1861, MS. 2 Circular of the Secretary of State, No. 52, September 6, 1864. ' For the jurisdiction of consuls in the Levant, China, and Muscat, see Moreuil, Manuel des Agents Consulaires, pp. 127-377 ; also Mensch, Manuel Pratique du Consulat, p. 3 ; Wheaton's Elements of International Law, p. 122 and note ; also Miltitz, tome i. p. 524 ; Tuson's British Consul's Manual, p. 122 et seq., and chap- 94 DUTIES V. S. CONSULAR OFFICERS IN TURKEY. Commercial in- 167. Under the existing treaties be- tercourse. tween the United States and Turkey, our commerce is placed on the footing of the most favored nations; thus securing to our merchant vessels the privilege of trading to all the points of Turkey in Europe, Asia, and Africa, on the same conditions as those granted to the most favored nations. Thus our vessels may now trade to the ports of Egypt and Asia Minor, to the Turkish Islands of the Archipelago, and to the Ottoman ports of Europe, and on the Asiatic shore of the Black Sea. This is at once an immense field for the enterprise of our merchants and seamen. Many facilities are thus offered for the extension of our commerce with the nations of the East; and consular officers may render important services to their countrymen by collecting all the information in their power in regard to the productions and com- merce of these countries, and transmitting it to this Department, by which it will be published from time to time for the general advantage of American citizens. Consular ^^^- Considering the extensive powers agents. Conferred upon consuls by the treaties of the United States with Turkey, great care must be exercised in the selection of persons for appointment as vice consuls or consular agents, and their number should not be unnecessarily multiplied. Judicial autho- 169. The acts of Congress of August rity in Turkey, n^ 1848, and Juuo 22, 1860, provide in ter iii. of this volume, on the judicial authority of the commissioner and minister, and of consuls of the United States in China and Turkey ; Phillimore, vol. ii. pp. 271-275. DUTIES TJ. S. CONSULAR OFFICERS IN TURKEY. 95 terms for the exercise of judicial authority by minis- ters and consuls in Turkey, only so far as regards the punishment of crime, leaving the question of civil jurisdiction to stand upon treaties or the peculiar public law of the Levant. The important distinction thus made as between China and Turkey may have arisen from some doubt as to the force and effect of the provisions, on this point, contained in the treaty between the United States and the Ottoman Porte. The language of the treaty is inexplicit, and appa- rently somewhat equivocal.^ 170. In one article it is stipulated that Treaty stipuiar "American merchants established in the '^°°^- well-defended States of the Sublime Porte for purposes of commerce * * shall not be disturbed in their affairs, nor shall they be treated in any way contrary to established usages." 171. The treaty further stipulates that the United States may appoint consuls "at the commercial places in the dominions of the Sublime Porte, where it shall be found needful, to superintend the affairs of com- merce;" which consuls "shall enjoy suitable distinc- tion, and shall have necessary aid and protection." 172. Now, upon the superficies of these articles, and of all the rest of the treaty, citizens of the United States are entitled to residence in Turkey, and to exemption from molestation there, only in pursuit of "commerce," and consuls are but officers "to super- intend the affairs of commerce." It is true, that Americans in Turkey, committing crime, are to be tried by their minister or consul, "following in this 1 Opinions of the Attorneys General, vol. vii. p. 566 et seq. 96 DUTIES TJ. S. CONSULAR OFFICERS IN TURKEY. respect the usage observed toward other Franks ;" and the American "dragoman" (not the minister or con- sul) is to be present at the trial of any litigation or dispute between the subjects of the Porte and citizens of the United States. But how is it in the case of a "dispute" between two citizens of the United States in Turkey, or a citizen of the United States and a subject of Austri%|France, or Grreat Britain? As to these important questions, the treaty is either silent or obscure. What are the " causes in which the sum (demanded) exceeds five hundred piastres," and which are to be " submitted to the Sublime Porte to be de- cided according to the laws of equity and justice?" Are these causes between citizens of the United States, or between citizens of the United States and other Franks, or causes of the class described in a preced- ing sentence, that is, between Americans and subjects of the Porte ? All that, in the language of the treaty, is a matter of construction, with much margin for controversy. 173. As to all civil affairs to which no subject of Turkey is a party, Americaus are wholly exempt from the local jurisdiction ; and in civil matters, as well as criminal, Americans in Turkey are entitled to -the benefit of "the usage observed toward other Franks." Construction of 174 The " causes" spoken of in the the treaty. sccoud Sentence of the fourth article are of the same nature, as to parties, as the " litigations and disputes" mentioned in the first sentence, that is, between citizens of the United States and subjects of the Porte; the meaning of which is, that causes DUTIES IT. S. CONSULAR OFFICERS IN TURKEY. 97 between such parties, under five hundred piastres in amount, are to be decided by the ordinary local mag- istrates, assisted by the dragoman, and causes above that amount, by the Porte itself, that is, the Sultan or his appropriate minister, with intervention of the minister or consul of the United States. The phrase in the second article engages that citizens of the United States in Turkey shall not be " treated in any •may contrary to established usages." The " established usages" are the absolute exemption of all Franks, in controversies among themselves, from the local juris- diction of the Porte. 175. The general doctrine thus in force in the Le- vant, of the exterritoriality of foreign Christians, has given rise to a complete system of peculiar municipal and legal administration, consisting of — 1. Turkish tribunals for questions between subjects of the Porte and foreign Christians ; 2. Consular courts for the business of each nation of foreign Christians ; 3. Trial of questions between foreign Christians of different nations in the consular court of the defend- ant's nation ; 4. Mixed tribunals of Turkish magistrates and foreign Christians, at length substituted in part for cases between Turks and foreign Christians ; 5. Finally, for causes between foreign Christians, the substitution at length of mixed tribunals in place of the separate courts, — an arrangement introduced first by the legations of Austria, Great Britain, France, and Russia, and then tacitly acceded to by the legations of other foreign Christians. 13 98 DUTIES TJ. S. CONSULAE OFFICERS IN TTTKKEY. 176. Notwithstanding the apparent silence of the fourth article of the treaty upon the whole subject of the civil affairs of Americans, and the seeming refer- ence of their crimes alone to " the usage observed to- ward other Franks," yet the engagement in the second article covers this ground by securing to Americans in Turkey, and consequently to the consuls of the United States, the same rights and privileges which are en- joyed by those of Austria, Great Britain, France, or Russia. This statement receives illustration from the tenor of all our treaties with the Barbary States. The earliest, that with Algiers, may be taken as a type. It provides, in article XV., as follows : ^ "Any disputes or suits at law, which may take with Aleiers place between the subjects of the Eegency and the citizens of the United States of North America, shall be decided by the Dey in person, and no other. " Any disputes which may arise between citizens of the United States shall be decided by the consul ; as they are, in such cases, not subject to the laws of the Regency.'" Second treaty 177. The Same subject is yet more with Algiers. comprehensively regulated in a second treaty with Algiers, as follows : " If any of the citizens of the United States, or any persons under , their protection, shall have any disputes with each other, the consul shall decide between the parties ; and whenever the consul shall re- quire any aid or assistance from the government of Algiers to enforce his decision, it shall be immediately granted to him ; and if any dis- putes shall arise between any citizens of the United States and the citizens or subjects of any other nation having a consul or agent in Algiers, such disputes shall be settled by the consuls or agents of the ' Statutes at Large, vol. viii. p. 247. ^ Ibid. DUTIES IT. S. CONSULAR OFFICERS IN TURKEY. 99 respective nations ; and any disputes or suits at law that may taue place between any citizens of the United States and the subjects of the Regency of Algiers, shall be decided by the Dey in person, and no other." ^ 178. Similar provisions in eflPect, though Tripoli and in different language, occur in the two Tunis, treaties with Tripoli f and in the two treaties with Tunis.^ 179. Although Morocco does not stand Morocco and in the same qualified dependence on the Muscat. Porte with Tripoli and Tunis, and, as formerly, the old Regency of Algiers, yet Americans are placed on the like footing there as in the States of Turkish Barbary.* A similar provision exists in the treaty with the Imaum of Muscat.^ 180. All these treaties, assuming and j^^j^ ^^ ^^_ recognizing the same doctrine of public struction. law, that is, the exterritoriality of Americans, and the judicial as well as diplomatic authority of American consuls, serve to construe and to explain whatever there is uncertain, obscure, or vague in the treaty \Fith the Ottoman Porte.* ' Statutes at Large, vol. viii. p. 227. 2 Ibid. pp. 153, 216. ' Ibid. pp. 160, 299. * Ibid. pp. 103, 486. ^ Ibid. p. 459. * A new treaty containing important stipulations was negotiated between the United States and Turkey, and signed at Constantinople, February 25, 1862; Statutes at Large, vol. xii. pp. 1213-1219. For an interesting account of the very peculiar and extensive jurisdiction of the British Consuls in the Levant, see Kent's International Law, edited by J. T. Abdy, LL.D., Regius Professor of Laws in the University of Cambridge, and Law Professor at Gresham College, England, 1866, pp. 150-154. CHAPTEE VI. DUTIES OF UNITED STATES CONSULAR OEFICEES IN AFEICA. Morocco. Treat with ^^^' ^'^ ^^ Stipulated by the nineteenth Morocco— stip- article, and the three articles following uiations. j^^ q£ ^j^g treaty^ concluded between the United States and Morocco, October 1, 1837, that if any of the citizens of the, United States, or any persons under their protection, shall have any dispute with each other, the consul shall decide between the parties; and whenever the consul shall require any aid or assistance from the government of Morocco, to enforce his decisions, it shall be immediately rendered to him, 182. If a citizen of the United States Homicide. iiii.n i-m- should kill or wound a Moor, or, on the contrary, if a Moor shall kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be rendered, the consul assist- ing at the trial ; and if any delinquent shall make his escape, the consul shall not be answerable for him in any manner whatever. Decedents' es- l^^- ^^ ^^ American citizen shall die tates. in Morocco, and no will shall appear, the > Statutes at Large, vol. viii. p. 486. 100 DUTIES V. S. CONSULAR OFFICERS IN AFKICA. 101 consul shall take possession of his effects ; and if there shall be no consul, the effects shall be deposited in the hands of some person worthy of trust, until the party- shall appear who has a right to demand them ; but if the heir to the person deceased be present, the property shall be delivered to him without interrup- tion ; and if a will shall appear, the property shall descend agreeably to that will, as soon as the consul shall declare the validity thereof. 184. The consul of the United States is consular resi- permitted to reside in any seaport of the ^^'"=^- dominions of the Emperor of Morocco that he shall think proper ; and he shall be respected, and enjoy all the privileges which the consuls of any other nation enjoy; and if any of the citizens of the United States shall contract any debts or engagements, the consul shall not be in any manner answerable for them, unless he shall have given a promise in writing for the pay- ment or fulfillment thereof; without which promise in writing no application to him for any redress shall be made.^ Tripoli. 185. By the treaty^ concluded with treaty with Tripoli, June 4, 1805, it is stipulated that Tripoli— stipu- the consuls and agents of both nations, ^^*^°'^- respectively, shall have liberty to exercise their own religion in their houses ; and those of the same re- ligion shall not be impeded in going to the consul's house at the hour of prayer. The consuls shall have liberty and personal security given them to travel within the territories of each other both by land and ' See section 179, supra. ' Statutes at Large, vol. viii. p. 216. 102 DUTIES TT. S. CONSULAE OFFICEES IN AFEICA. I sea, and shall not be prevented from going on board any vessel tbat they may think proper to visit. They shall have likewise the liberty to appoint their own dragomans and brokers. Disputes be- ^^^- ^^ ^^^^ ^^ ^^7 dispute arising be- tween contract tween the contracting parties, no appeal ing parties. shall be made to arms, nor shall war be declared under any pretext whatever ; but if the consul residing at the place where the dispute may happen shall not be able to settle the same, the government of the country shall state its grievances in writing, and transmit it to the other; and the period of twelve calendar months shall be allowed for answers to be returned ; during which time no act of hostility shall be permitted by either party ; and in case the griev- ances are not redressed, and a war should be the event, the consuls and citizens or subjects of both parties, respectively, shall be permitted to embark, with their effects, unmolested, on board of what vessel or vessels they shall think proper. Disputes be- ^^'^ • ^^ ^^J disputes shall arise between tween individ- citizens of the United States, or any per- sons under their protection, such disputes shall be settled by the consul of the United States in the same manner as in Morocco. „ . . , 188. The same provision is made in the Homicide. -"^ treaty with Tripoli, respecting homicides, as in the treaty with Morocco. Decedents' es- 189. The care of the property of citizens tates. Qf ^]j^ United States dying in the Regency of Tripoli is to be committed to the consul, unless otherwise disposed of by will; and no hindrance is DUTIES U. S. CONSULAR OFFICEES IN AFEICA. 103 to be interposed to tlie execution of any will that may appear.^ Iktnis. 190. The treaty'' of the United States „ , .. '' Treaty with concluded with Tunis, March 26, 1799, Tanis-^tipu- provides that bills of sale may be fur- ^*^°^- nished by the United States consul to American citi- zens who may purchase prize vessels in Tunis. Each of the contracting parties is at liberty to establish a consulate in the country of the other ; and the consul shall enjoy, as well for himself as his family and suite, the protection of the government. He is allowed to import, for his own use, all his provisions and furniture, without paying any duty ; if he imports merchandise, he is required to pay duty for it. 191. No responsibility is incurred by Debts and obii- either country, the consuls, or the citizens s^'io^^- thereof, for debts contracted, or obligations entered into, except they or their consul shall have previously become bound in writing. The consul of ,,..,,. ° _ _ Administration either country is to administer upon the upon the estates effects of a decedent, being a citizen or o^ decedents. subject of his own country and dying in the other, and the government of the place shall have nothing to do therewith. 192. Disputes between citizens of the Disputes be- United States, or between all other per- *r!° t'T". ' ^ of the United sons who may be immediately under the states and in- protection of the consul, are to be decided '^^''*7'' ^'^^^ ^ ' consular pro- by him ; and if he requires the assistance tection. ' See section 178, supra. ^ Statutes at Large, vol. vlii. p. 160. 104 DUTIES U. S, CONSUIiAK OFFICERS IN AFRICA. of the government to enforce his decisions, it shall be granted to him. 193. In trials in cases of homicide, the lex loci shall prevail, and the consul shall be present thereat. 194. If a dispute or lawsuit on com- Trial. mercial or other civil matters shall hap- pen, the trial shall be had in the presence of the consul, or some other confidential person of his choice, who shall represent him, and endeavor to accommodate the difference which may have happened between the citizens or subjects of the two nations.^ MuscatJ^ 195. The ninth article of the treaty,^ concluded September 21, 1833, between the United States and the Sultan of Muscat, provides that the President may appoint consuls to reside in the ports of the Sultan, where the principal commerce shall be carried on ; which consuls shall be the exclusive judges of all dis- putes or suits wherein American citizens shall be engaged with each other^ They shall have power to receive the propeifty of any American citizen dying within the kingdoin, and to send the same to his heirs, first paying all his debts due to the subjects of the Sultan. The said consuls shall not be arrested, nor shall their property be seized, nor shall any of their 1 See section 178, supra. 2 Formerly the principal residence of the Imaum was in Zanzibar, in Africa, but since the death of the late ruler, his dominions have been divided between his two sons, the one having his capital at Muscat, and the other at Zanzibar. ' Statutes at Large, vol. viii. 459. DUTIES U. S. CONSTJLAE OFFICERS IN AFRICA. 105 household be arrested, But their persons and property and their houses shall be inviolate. Should any con- sul, however, commit any offence against the laws of the kingdom, complaint shall be made to the President, who shall immediately displace him.^ 196. It is provided by the important , • ,■ • • act^ of June 22, 1860, to carry into effect the Barbary provisions of the treaties between the ^*^^^ United States, China, Japan, Siam, Persia, and other countries, that the provisions of this act, so far as the same are in conformity with the stipulations in the existing treaties between the United States and Tripoli, Tunis, Morocco, and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the said treaties, and of the provisions of this act, by the consuls appointed by the United States to reside therein, who are hereby, ex officio, invested with the powers herein delegated to the ministers and consuls of the United States ap- pointed to reside in the countries named in the first section of this act, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the said countries in their intercourse with the Franks or other foreign Christian nations. Miscellaneous Instructions. 197. The increasing commercial inter- commercial in- course between the United States and tercourae to be Africa demands attention on the part of ^"^'^^se • ' See section 179, snpra. ' Statutes of the United States, vol. xii. p. 78. 14 106 DUTIES TJ. S. CONSTJLAE OFFICEES IN AFKICA. the several United States consular officers; and it is especially the duty of these officers, wherever sta- tioned, to cultivate and preserve friendly relations and intercourse between the citizens of their own country and those to which they are respectively accredited. Official inter- 198. In the great African pashallcs, terconrse. although subject to the sovereignty of the Turkish Empire, the right is secured by treaty, and it should be strictly maintained, to address, whenever occasion requires it, the highest provincial as well as the local authorities of the place where the consul residess. And to enable the consul the Credentials and better to discharge his duties, he bears duties. -^v^ith his commissiou a letter of credence, addressed to the highest authority in the. pashalic, requesting him to be received in his official character, and to be duly respected ; and also, that full credit may be given to what he shall represent on the part of his government, stating that the consul has been appointed to watch over the interests of the United States, and, by all honorable means, to maintain the harmony existing between the United States and the country to which he is sent. His official duties thus expand of necessity into a large field, because he is called upon to communicate with his own government and with that near which he resides, on matters which would otherwise devolve on a minister. Information to 199. It is Qxpected that consular officers be transmitted, [j^ Africa will make themselves acquainted with the political state of the country in which their consulates are situated, and with the relations of that country with other countries, and communicate what- DUTIES U. S. CONSTJLAE OFFICEES IK AFRICA. 107 ever they may learn on these subjects to the Depart- ment of State. Any commercial, statistical, geogra- phical, or other interesting information, will be very acceptable to the government of the United States, and may greatly promote the interests of American citizens, by opening new avenues for trade and com- mercial intercourse. Consular officers are requested to make such suggestions, from time to time, as may occur to them for the accomplishment of these objects. 200. The depredations which are occa- piratical depre- sionally committed by barbarians on ^^o'^- some parts of the African coast demand unceasing vigilance. Consular officers will impress upon the authorities of the places where they reside, in the event of such depredations, that the United States will hold them responsible for all the injuries to the persons and property of American citizens committed or tolerated within their territorial limits in violation of the established laws of civilized nations. 201. Consular officers are reminded Non-interven- that it is the practice of this government ^°'^- to respect the institutions of other countries, and its representatives abroad have on all occasions been in- structed to give no countenance to persons who may willfully violate the existing laws. Adhering strictly to this principle, consular officers will, of course, de- cline all official interference in cases in which the law of the land is in conflict with the demands of those who may invoke their interposition. •' , , . , Claims. Nevertheless, when claims are made against Mohammedans, under any local custom estab- lished among alien residents, although not in accord- 108 DUTIES TJ. e. CONSULAE OFFICEKS IN AFRICA. ance with the Mohammedan laws, consular of&cerS may employ their best exertions to bring the contend- ing parties, by mutal agreement between themselves, to a settlement as favorable as possible for any Amer- ican citizen who may be therein interested ; but such claims must never be urged by imprisonment, nor by any other coercive measures, nor must any of&cial proceedings upon them be demanded from the author- ities of the place. The special attention of the consular officers of the United States in Africa is directed to the treaty for the suppression of the African slave trade, between the United States and Great Britain, concluded April 7, 1862, and to the act of Congress to carry into effect the above-mentioned treaty, approved July llj 1862 ; also to the act authorizing the President to appoint diplo- matic representatives to the republics of Hayti and Liberia, approved July 2, 1862, and to the treaties negotiated with Liberia and Hayti.-^ 1 See Statutes at Large, vol. xii. p. 421, and pp. 1245, 1246; also vol. xiii. pp. 711-729. CHAPTEE VII. DUTIES OF THE XTNITED STATES CONSULS IN PEESIA AND SIAM; also in COUNTRIES AND ISLANDS NOT INHABITED BY ANY CIVILIZED PEOPLE. 202. It is provided by the act of June , . 1 , 1 11 1 Judicial antho- twenty-second, eighteen hundred and Hty of minis- sixty, to carry into effect provisions of the t*™ and con- treaties between the United States, China, Japan, Siam, Persia, and other countries, giving cer- tain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, and for other purposes, that the minister and the con- suls of the United States, duly appointed to reside in each of the said countries, shall, in addition to other powers and duties imposed upon them, respectively, by the provisions of such treaties, be invested with the judicial authority described by the said act, which shall appertain to the said ofBce of minister and con- sul, and be a part of the duties belonging thereto, wherein the same is allowed by treaty.^ 203. It is provided by the twenty-eighth j^^^^ autho- section of the act that the provisions of "^y '^ P^raia. the act be, and the same are extended to Persia in re- spect to all suits and disputes which may arise between 1 Statutes at Large, vol. xii. pp. 72-79. See also chapter iii. of this volume ; also treaty with Japan, vol. xii. pp. 1051-1068. 109 110 DUTIES OF IT. S. CONSULS IN PERSIA AND SIAM, citizens of the United States therein ; and the minister and consuls who may be appointed to reside in Persia are hereby invested, in relation to the said suits and disputes, with such powers as are by this act cqnferred upon the minister and consuls in China. And all Persian tribu- suits and disputes arising in Persia^ be- "^•- tween Persian subjects and citizens of the United States, shall be carried before the Persian tribunal, to which such matters are usually referred, at the place where a consul or agent of the United States may reside, and shall be discussed and decided according to equity, in the presence of an employ^ of the consul or agent of the United States ; and it shall be the duty of the consular officer to attend the trial in person, and see that justice is administered. And all suits and disputes occurring in Persia between the citizens of the of ministers United Statos and the subjects of other and consuls in foreign powers, shall be tried and adjudi- cat«d by the intermediation of their re- spective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being and the ministers of such foreign powers, respectively, which regulations shall, from time to time, be sub- mitted to the Secretary of State of the United States. Jurisdiction of ^04 It is also provided by the thirtieth consuls and section of the act, that the consuls and agentTin^cer- Commercial agents of the United States tain islands at islauds or in countries not inhabited an countries. ^^ ^^^ civilized people, or recognized by 1 Treaty with Persia, see Statutes at Large, vol. xi. pp. 709-711. , AND IN UNCIVILIZED COUNTRIES AND ISLANDS. Ill any treaty with the United States, be, and the same are authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt and damages do not exceed the sum of one thousand dollars, exclusive of costs ; and upon full hearing of the allegations and evidence of both parties to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. And the said consuls and commercial agents, respectively, are invested with the powers conferred by the pro- visions of the seventh and eighth sections of the act for trial of offences or misdemeanors.^ * Statutes at Large, vol. xii. p. 78. CHAPTER VIII. DUTIES OF UNITED STATES CONSULAR OFFICERS TOUCHING THE SOLEMNIZATION OF THE EITE OF MARRIAGE.' Consular mar- 205. It has heretofore been the practice, riages. iq some extent, of the consuls of the United States abroad to marry parties, either citizens of the United States or not, and this without observance of the laws of the particular place regarding marriage ; and the inquiry is suggested whether such marriages are valid in the United States, either as to the personal status of the parties themselves and their issue, or as to any of the rights of property depending on the matrimonial relation. International 206. This inquiry belongs to interna- law private. tional law private, as distinguished from international public ; that is to say, it regards not the relations of nations among themselves, but the rela- tions of individuals to the laws, civil or criminal, of different nations,^ 1 This chapter embraces substantially an opinion of a late Attorney General of the United States, dated November 4, 1854, given at the request of the De- partment of State, and which has received its sanction, touching the law of mar- riage, so far as relates to its celebration by United States consular officers. The importance of the subject, and a misapprehension which prevails in relation to the duties of United States consular officers therewith, require its careful con- sideration. 2 Foelix, Dr. Int. Priv^, tit. prfl. 112 TOtrCHIIirG THE RITE OF MAEEIAGE. 113 207. The different States of Christen- communit of dom are combined, by religious faith, by Christian na- civilization, by science and art, by con- ventions, and by usages or ideas of right having the moral force of law, into a community of nations, each politically sovereign and independent of the other, but all admitting much interchange of legal rights or duties.^ 208. The general rule of public law is, sovereignty of that each independent State is sovereign S'^t^s. in itself, and possesses exclusive and absolute juris- diction of all persons being, matters happening, con- tracts made, or acts done, within its own territory .'^ 209. Although each nation possesses ^ ^ . ^ _ -^ _ Law 01 nations. its territory as its own, and exercises jurisdiction within itself, not only as to persons, whether subjects or foreigners, their acts and their property therein, and in general neither claims for itself, nor concedes to others, external jurisdiction, yet each yields to the other certain reciprocal rights within itself, which are sometimes denominated by the civil law term of servitudes of the public law or law of nations.* 210. These privileges, servitudes, or How est a fa- easements of public law, have grown up ^^^^^^d. either by express convention, or by usage founded on consent.* Among them are the effect which, in cer- tain cases, one State concedes to the laws of another 1 Vattel, Droit des Gens, Prfl. s. 11; Wheaton's Elements, p. 40; Garden, Code Dip. de I'Europe, tome i. Int. p. 3. ' Kluber, Droit des Gens, s. 21 and passim ; Story's Conflict of Laws, ch. 2. ' Martens, Pr&is, s. 83. * Per Ch. J. Marshall, The Exchange, Cranch, vol. vii. p. 136. U 114 DUTIES OF TJ. S. CONSUL AE OFFICERS in regard to contracts made in the latter, and tlie re- ciprocal rigHts conceded of personal residence or com- mercial intercourse, and of the interchange of min- isters and consuls ; which concessions modify to a certain degree the hypothetical completeness of the internal sovereignty of each nation. o^ . , 211. Hence, in all the discussions of statute person- ' ai and statute private international right, the funda- ^^ ' mental and all-pervading distinction be- tween the statute personal, or the laws of one's own proper domicile, and the statute real, or the laws which are independent of the person, and which re- gulate in a foreign country his acts or interests irres- pective of his domicile, the personal statute is transi- tory, and follows the person ; the real statute is chiefly confined to things, which it controls only in the locus rei sitae, or the given territory.^ Exterritoriality 212. To the regular jurisdiction, how- defined, ever, of each country over persons, things, and acts being or done within it, there exist, by received public law, certain absolute exceptions. These exceptions are the several cases of exterrito- riality; that is, the various conditions in which a person, though abroad, is exempt from the foreign jurisdiction, and is deemed to be still within the ter- ritory and jurisdiction of his own country, itsreaiit ^^^' ^^® doctriuo of exterritoriality is denounced by some speculative pub- licists as if it were a mere fiction of law.^ This view ' Dalloz, Diet. Juris, s. v. Loi Pers. ; Proudhon, Des Personnes, tome i. p. 8. '^ See Pinheiro Ferreira, Droit Public, tome ii. p. 197. TOUCHING THE RITE OF MARRIAGE. 115 of the matter is superficial, for it is only a cavil as to the name ; and erroneous, because it argues upon the name, and not the thing which it represents. 214. The word "exterritoriality" is a Explanation of sufficiently definite technical designation the term. for the peculiarity of legal condition already defined as attaching to certain persons in a foreign country, to wit, the case of an actual sovereign of an indepen- dent State, his person, suite, residence, and furniture, while he resides or sojourns peaceably in a foreign country ; foreign army, whether in peace or war ; a ship of war generally, and sometimes a merchant ship in a foreign port, and either of them on the high seas, in all circumstances ; and a for^eign ambas- sador.^ 215. In all these cases, and expressly Extent of the in that of foreign ministers, the privilege privilege. of exterritoriality extends to the residence as well as the person of the foreign minister, and to certain legal acts performed in his presence.^ 216. Such are the rights of an am- , , ., /. • • • i -r» i Exterritorial bassador or other foreign minister. ±>ut, privileges not although consuls are not merely com- enjoyed by con- mercial agents, as many authors assert f and although they undoubtedly have certain of the qualities and some of the rights of a foreign minister ;* still it is undeniable that they do not enjoy the privi- » Wheaton's El. p. 139. ' Vattel, 1. viii. oh. 7, 8, 9 ; Kluber, s.. 204 ; Martens, Pr&is, 1. vii. ch. 5 ; Foelix, liv. ii. tit. 2, ch. 2, a. 4 ; Oh. de Martens, Guide Diplomatique, ch. 5. " Wicquefort, Ambas. vol. i. p. 133 ; Bynkersh. de F. Legat. p. 165 ; Wild- man's Institutes, p. 165. * See De Cussy, R^glements Consulaires, sec. 7. 116 DUTIES OF U. S. CONSXJLAK OFFICERS leges of exterritoriality, according to the rules of public law received in the United States.^ Consuls subject _ 217. In all the adjudged cases above to local juris- cited, it is either expressly ruled, or the point presented assumes, that consuls are subject to the local jurisdiction. The same doctrine is recognized in the modem law treatises of most authority, whether in the United States or in Great Britain.^ 218. Notwithstanding the somewhat privUegeT^not "^^guo Speculations of Vattel and some accorded to other Continental authors on the question consuls. 1 ,1 1 • . • i whether consuls are quasi ministers or not,^ it is now fully established by judicial decisions on the Continent, and by the opinions of the best modern authorities there, that consuls do not enjoy the diplomatic privileges accorded to the ministers of foreign powers : that in their personal affairs they are justiciable by the local tribunals for offences, and subject to the same recourse of execution as other resident foreigners ; and that they cannot pretend to the same personal inviolability and exemption from 1 Clark V. Cretico, 1 Taunton, 106 ; The Anna, 3 Wheaton, 446 ; United States V. Eavara, 2 Dallas, 297 ; Viveash v. Beeker, 3 Maule and Sel. 284 ; Barbuit's case, Cases Temp. Talbot, 281 ; Commonwealth v. Kestoff, 5 Serg. and E. 545 ; Dnrand v. Halback, 1 Miles, 46; Davis v. Packhard, 8 Peters, 276; S. C. 6 Wend. 327 ; S. C. 10 Wend. 50 ; Flynn v. Stoughton, 5 Barb. S. C. E. 115 ; State V. De la Foret, 2 Not. and M. 217 ; Mannhard v. Soderstrom, 1 Bin. 138 ; Hall v. Young, 3 Pick. 80 ; Sortori v. Hamilton, 1 Green's E. 107. 2 Wheaton's Elements, p. 293 ; Kent's Com. vol. i. p. 43 ; Wildman's Inst. vol. i. p. 130 ; Flynn's Brit. Consuls, ch. 5. s Vattel, Droit des Gens, 1. iv. ch. 8 ; De Cussy, Egglements Consnlaires, sec. 6 ; Moreuil, Agents Consulaires, p. 348 ; Borel, Des Consuls, ch. 3. See also chapters L and ii. supra. TOUCHING THE RITE OF MAEEIAGE. 117 jurisdiction which foreign ministers enjoy by the law of nations.^ 219. In truth, all the obscurity and Liquation of contradiction as to this point in diflferent consular privi- authors arise from the fact that consuls ^^^^' do unquestionably enjoy certain privileges of exemp- tion from local political obligations ; but still these privileges are limited, and fall very far short of the right of exterritoriality.^ 220. Thus, in the United States, con- co„suiar prm- suls have a right, by the constitution, to leges. the jurisdiction of the federal courts as against those of States. They are privileged from political or mili- tary service, and from personal taxation. In some cases we have by treaty given to consuls, when they are not proprietors in the country, and do not engage in commerce, a domiciliary and personal immunity beyond what they possess by the general public law ; and the extreme point to which these privileges have been carried in any instance may be seen in the con- sular convention of the 23d of February, 1853, be- tween the United States and France.* 221. In regard to the contract of mar- The marriage riage, the general principle in the United contract. States is, that, as between persons sui juris, marriage is to be determined by the law of the place where it is celebrated. If valid there, then, although the parties be transient persons, and the marriage not in form or 1 Foelix, 1. ii. tit. 2, chap. 2, s. 4; Dalloz, Die. de JurLspr. tit. Agents Diplo- matiques, No. 35 ; Ch. de Martens, Guide Diplomat, s. 83. ' Maas^, Droit Commercial, tome i. Nos. 338, 439. ' Statutes at Large, vol. x. p. 994. 118 DUTIES OF IT. S. CONSULAR OFFICERS substance valid according to the law of their domicile, still it is valid everywhere — with some exceptions, perhaps, of questions of incest and polygamy. If invalid where celebrated, it is invalid everywhere.^ Exceptions to 222. The Only exceptions to this last the general rule proposition, namely, that marriages not ity of mar- "Valid by the lex loci contractus are not riages. Valid auywhoro elso, are, first, in favor of marriage, when parties are sojourning in a foreign country where the law is such that it is impossible for them to contract lawful inarriage under it. Secondly, in certain cases in which, in some foreign countries, the local law recognizes a marriage as valid when con- tracted according to the law of domicile. Thirdly, where the law of the country goes with the parties, that is, in the contingency of their personal exterri- toriality, as in the case of an army and its followers invading or taking possession of a foreign country f and, perhaps, of an army in transitu through a friendly State,^ and of a foreign ship of war in the ports of the nation,* Marriage; how 223. It follows by uecessary conse- to be ceiebra- queuce, savo in the excepted cases enume- rated, that a marriage, celebrated in any given place, must be celebrated according to the law of the place, and by a person whom those laws desig- nate, unless the person by whom, or the premises in which, it is celebrated, possess the , privileges of ex- 1 Story's Conflict of Laws, o. 113; Bishop on Marriage, s. 125. ' Ending v. Smith, 2 Hagg. C. B. 371 ; Huber. Prielec. J. C. de con. leg. 1. i. tit. 3, s. 10; J. Voet. in Dig. 1. xxii. tit. 2. » Wheaton's EI. p. 140. * The Exchange, Cranch, vol. vii. p. 136. TOUCHING THE RITE OP MARRIAGE. 119 territoriality. Therefore -it may be, according to the opinion of Lord Stowell, that the presence of a foreign sovereign sojourning in a friendly country, or that of his minister plenipotentiary, or the act of a clergyman in the chapel or hotel of such sovereign or his am- bassador, may give legality to marriage between sub- jects of his or members of his suite.-^ 224. But even such right of a foreign sovereign or his ambassador to celebrate /s t o a or- "= eign sovereign a marriage, if it exist, applies only to his or ambassador subjects, countrymen, or suite. Such J^Jj-kgi."*^ persons would be married according to the law of their domicile, or that of the sovereign or ambassador in whose service they are, on the assump- tion that for all the purposes of legal right their domi- cile goes with them, and that they are- still at home, and in point of law are not iii the foreign country where the marriage is in fact celebrated. A marriage celebrated by such sovereign or his ambassador in a foreign country, between citizens of that country, or foreigners residing or sojourning there, would derive no force from him ; it would be null and void unless legal according to the law of the place. 225. Consuls, it is still more evident, , T , „ , 1 T , Consuls have have no shadow oi power to celebrate j,o p^^gj. ^^ marriage between foreigners. Nor can celebrate mar- they between their own countrymen, un- "^^^" less expressly authorized by the law of their own country ; because, according to the law of nations, they have not the privileges of exterritoriality, like an 1 Ending v. Smith, 2 Hagg. C. E. 371 ; Prentiss v. Tudor, 1 Hagg. C. E. 136 ; 1 Burge on Col. and F. Laws, p. 168. 120 DUTIES OF TJ. S. CONSULAR OFFICEKS ambassador. That American consuls have no such power is clear, because it is not given to them by any act of Congress, nor by the common law of marriage as understood in the several States.^ And marriage, in the United States, is not a federal question, but one of the resort of the individual States.^ Hence, it is impossible to doubt : „ , First, that marriages celebrated by a Consular mar- ' o ./ riages; when cousul of the United States in any foreign ^^^^ country of Christendom, between citizens of the United States, would have no legal elBfect here, save in one of the exceptional cases above stated, of its being impossible for the parties to marry by the lex loci; And, secondly, that marriages celebrated by a consul of the United States in a foreign country, between parties not citizens of the United States, would have no legal effect here, unless in case they be recognized expressly as valid by the law of the place of contract. Marriage in 226. In couutries where the mere con- Scotiand. gent of the parties, followed by cohabita- tion, constitutes marriage, as in Scotlajid,^ and where the presence and testimony of any person whatevef suffice to prove the consent, a marriage contracted be- fore a foreign consul might be valid, not because he is consul, but because the consent makes the marriage. ^ ^, ,. 227. But, in most countries of Europe, Double alien- ^ ^ ' age in relation spccific forms of law are to be followed, to the matri- -yyithout which there can be no valid mar- momal law. riage; and as it appears that the mar- ' Kent V. Burgees, 11 Simons, p. 361. « Bishop on Marriage, passim. 8 McAdam v. Walker, 1 Dow's E. 148 ; Dalrymple i^. Dalrymple, 2 Hagg. C. K. 97. TOUCHING THE KITE OF MAEKIAGE. 121 riages which the consuls of the United States have celebrated abroad, have in most cases been celebrated between persons collected at some sea-port for the purpose of emigration, and who are not only for- eigners as regards the United States, but foreigners also as regards the place in which the marriage is celebrated, it becomes material to consider the ques- tion, in the sense of this impediment of double alien- age, in its relation to the law matrimonial of the United States. 228. The general rule of our law is to „ , , '^ treneral rule. ascribe validity to marriages when they •are valid at the place of celebration. 229. If the parties to the marriage are . . . When parties at the time actually m their own proper are in their domicile, as in the case of Spaniards °""°. proper domiciled in Barcelona, and married there, it is clear that the local jurisdiction is absolute and complete, and that a consul of the United States has no more right to celebrate a marriage between such parties there, than he has to undertake the duties of Captain General. 230. Suppose, however, that the parties when foreign- are foreigners to the foreign place, and at *'^^- the same time not citizens of the United States ? 331. The other governments of Chris- ° Application of tendom, and especially those of Europe, laws to absent are, it is notorious, much more exacting subjects of for- . eign states. and punctilious than the United States in the application of their own laws of personal status to their own subjects when absent from their country. We may not regard this, but they do among 16 122 DUTIES OF U. S. CONSULAR OFFICERS themselves ; and therefore it is important to look at the legal bearings of a marriage celebrated in one European country between the subjects of some other government of Europe. 232. The general rule there is, that the Validity of p-^-j obligations of a person follow him mamages as ° ■■■ _ affected by the into a foreign country, save that in some legal condition gQuntries forms are prescribed, according of the parties. ■*■ ' ° to which a subject may relieve himself of his allegiance to his natural sovereign, and the conse- quent civil obligations. It is believed that many of the persons who emigrate from Europe to the United States have not taken these preliminary steps ; and therefore, until they shall have acquired a new domi- cile in the United States, and while they are sojourn- ing in some other foreign country on their way for, and previous to their embarkation, they must of ne- cessity be still subject to the law of their domicile in so far as this law^is respected by the country of their transit or of their temporary sojourn ; and the ques- tion of the validity of their marriage there by a foreign consul must depend on this legal condition of the parties in the countries of Europe. ^ . ' 233. In order to appreciate the lea-al J-iaw in tTance. _ _ -"^ ^ ° relations in Europe of a marriage be- tween parties foreign to the place of marriage, we may take, as a convenient example, the state of the law in France. Law of mar- 234. In France, of course, all French- riage in France, ^^q^ must conform to the precise provi- sions of their own law ; and, as a general rule, if they marry abroad, they must observe certain of the coh- TOtrCHIIfG THE KITE OF MAREIAGE. 123 ditions of the Code Civil, in order to give eflFect to the marriage in France.^ 235. In regard to such foreign mar- ■p^^.^j ^ ^^^_ riages of Frenchmen, it has been adjudged r i a g e s of by the courts of that country, thai^ Frenchmen. 1. Frenchmen long established in a foreign country, and who have reserA'-ed no habitation and have no domicile in France, are not held to the forms of public notice there required by the Code.^ 2. Generally all acts appertaining to the civil con- dition of Frenchmen abroad may be proved by the modes of proof practised in the foreign country ; and, therefore, a marriage may be proved by witnesses or by the certificate of a diocesan, when celebrated in a foreign country where no registers of civil condition exist conformable to the Code.^ 3. There are no differences of opinion as to the point, that Frenchmen who marry abroad must con- form to the provisions of the Code as to capacity, age, consent, and other conditions of substance ; but there are contradictory decisions and opinions as to the point, whether it be or not essential to the validity of such marriage that there should have been previous publication of bans in France ; and whether, if this be a radical defect, it is curable or not ;* because the article of the Code which legalizes a marriage contracted between Frenchmen abroad according to the forms used in the foreign country, adds, provided (pourm) the marriage be preceded by 1 Code Civil, No. 170 ; Foelix, ubi supra, No. 88. 2 Dalloz, Diet. Jur., Mariage, No. 374. ' Dalloz, ubi supra, Noa. 346, 356. * Dalloz, ubi supra, Nos. 357, 375. 124 DUTIES OF TJ. S. CONSULAR OFFICERS the publication of bans, and do not contravene the other conditions of law, as prescribed by the first and second chapters of the fifth title of the Code.^ 4. The Code provides that any civil act of French- men abroad shall be valid if it be drawn up in pur- suance of the forms of the place, according to the rule locus regit actum; or if it has been received conformably to the laws by the diplomatic agents or consuls of France. It has been doubted whether this applies to marriage; though the better opinion is that it does.^ It is said, however, that if one of the parties to a marriage by a French consul abroad is French and the other not, then the marriage is null, because the consul has no jurisdiction as to the party not French, and the marriage may be attacked by either party.' In one of the cases where this point was decided, the parties possessed an act of marriage, with twenty years' cohabitation, and two children.* 5. Finally, a marriage contracted in France by a foreigner according to the exterior forms prescribed by the law would be null, of intrinsic nullity, if the foreigner infringied any of the prohibitions of his statute personal; that is, of the personal law of his domicile.* Marriage in the 236. These views might be extended in Netherlands. detail to othor couutries of Europe. Thus, in the Dutch Netherlands, in addition to the conditions 1 See Toullier, Droit Civil, tome i. Nos. 574, 579. ^Dalloz, ubi supra, Nos. 362, 363; Toullier, Droit Civil, tome i. No. 360; Merlin, Expert, Mariage, p. 641. ' Dalloz, ubi supra, Nos. 365, 366. * Proudhon, Tr. des Personnes, lome i, note o. ^ Fcelix, ubi supra, s. 88. TOUCHING THE KITE OF MAEEIAGE. 125 of competency and of publication of bans, there must be legal contract before the proper magistrate, without which the marriage is a nullity.^ As to this, no ex- ception is made in favor of any persons whatever, being foreigners, or in itinere, or otherwise.'' So, in Spain, marriage must be solemnized by prescribed rule ; that is, through the inter- vention of the parish priest, or other clergyman with license of his ordinary, according to the articles of the Council of Trent concerning the reformation of matri- mony.^ 237. It is unnecessary to extend these obiections to examples. Suffice it to say, that in some consular mar- countries religious or ecclesiastical im- ^^s^- pediments exist ; in others, where that is not the case, the legal conditions of capacity and requisite forms are very serious obstacles. A critical examination of the law of different countries of Europe would only serve to augment the weight of legal objections to the celebra- tion of marriages by consuls of the United States. 238. It may be, that a marriage between . A consular foreigners celebrated by a consul of the marriage; when United States abroad, though utterly null ^""^ ^o^ °^ . . jectionable. m the country where it is celebrated, might, if the parties emigrate to this country, acquire validity in some of the States of the Union, as a mar- riage proven by repute and by cohabitation following consent, according to the old rule of the common law. ' Van der Linden, by Heniy, p. 83. 2 See Ending v. Smith, 2 Hagg. C. E. 371, note. ' Tapia, Febrero Novis, lib. i. cap. 2 ; Sala, Derecho Eeal de Espana, lib. i. tit. 4. 126 DUTIES OF U. S. CONSULAR OFFICEES Even then, the certificate of the consul would not constitute the marriage ; it would serve at most only as proof of consent, to be connected with proof of cohabitation. But the practice of celebrating such marriages would be objectionable, because it is in fraud of the local jurisdiction, and contrary to the dictates of international comity, if not to positive law. ^ . 239. In what precedes, the inquiry has Countries '- ' ^ t.,/ Christian or been treated as relating entirely to mar- otherwise. riages assumed to be legalized by consuls of the United States residing officially in any of the countries of Christendom. For, in regard to States not Christian, although we make treaties with them as occasion may require, and assert in our intercourse with them all such provisions of the law of nations as are of a political nature ; yet we do not suifer, as to them, that full reciprocity of municipal obligations and rights which obtains among the nations of Christendom. . . ,. 240. This point is determined very ex- Externtonality _ ^ •' of Americans plicitly in our treaty with China, which, in China. ^^ ^j^g most uuequivocal .terms, places all the rights of Americans in China, whether as to per- son or property, under the sole jurisdiction, civil and criminal, of the authorities of the United States ;^ and Congress has made provision to meet the exigencies of the treaty in this respect." Exterritoriality .^^l- The treaty of the United States of Americans with Turkey is less explicit on this point ; in Turkey. ^^^ -^ expressly ascribes to citizens of the United States exterritoriality in criminal matters,* ' Statutes at Large, vol. viii. p. 592. = Ibid. vol. ix. p. 276. ' Ibid. vol. viii. p. 408. TOUCHING THE EITE OF MAEKIAGE. 127 provisions as to which are made by the above-cited act of Congress ; and as the treaty stipulates how contro- versies in Turkey, between citizens of the United States and subjects of the Porte, shall be adjudicated, that is, by the local authorities in presence of a repre- sentative of the United States ; and as it stipulates that only a certain class of litigation shall be sub- mitted to the Porte ; and as it gives to Americans in Turkey all the rights of the most favored nation, with express reference to "the usages observed toward other Franks," — it might be assumed that the doctrine of exterritoriality applies to Americans in Turkey, as it certainly does to subjects there of all the Christian States of Europe.^ 242. Our treaties with the minor Mo- ^^^^^ j^^j,^. hammedan governments of Tripoli, Mo- medan govem- rocco, Muscat, and Brunai, are even less ™™*^' explicit than that with Turkey. Still, it may be assumed in regard to them, as a principle of the inter- national law of the world, so far as there is any, that, unless there be express agreement to the contrary, no Christian nation admits a full reciprocity of municipal rights as between itself and any State not Christian, and therefore, that in the Mohammedan governments above enumerated, Americans possess the rights of exterritoriality which belong to all other " Pranks ;" that is, the races of independent Christian Europe and America.* A single provision of our treaty with Siam is, in the international relations of the United States, 1 Moreuil, Guide des Agents Consulaires, tit. 2. ^ See Ward's Law of Nations, vol. ii. paasim ; Kluber, Droit des Gens, s. id.; Wildman's Institutes, vol. i. p. 130. 128 DUTIES OF V. S. CONSTJLAK OFFICERS the solitary exception, it is believed, to the rule that the municipal rights of citizens of the United States are not subject to the local law of any State not Christian. We deal with such States as governments, and apply to them, so far as we can, the doctrines of our international law.^ But, when we speak of the law of nations, we mean the international law of the nations of Christian Europe and America. Our trea- ties with nations other than these bring them practi- cally within the pale of our public law, but it is only as to political rights : municipal rights remain as they were.^ 243. The doctrine above enunciated Oriental States. t , t in • • j applies to Japan ; to the minor indepen- dent States of Asia ^nd its islands, whether Moham- medan, Indo-Chinese, Malay, or what others; to the barbaric political communities of Africa; and still more to the petty insular tribes of Oceanioa. Hawaiian J^ 244. Our treaty with the Hawaiian lands! Islands places them on the footing of a Christian State, with the municipal rights belonging to the international law of Christendom.* „ ^ . 245. Now, in regard to the States not Contracts in < o States not Christian, not only the Mohammedan Christian. gtatcs, but all the rest, the true rule ap- pears to be, that contracts of citizens of the United States in general, and especially the contract of mar- 1 The Helena, 4 Bobins, Adm. S. 6 ; also section §7, et seq. supra. ^ Wheaton's Elements, p. 44 ; Poison's Law of Nations, p. 17 ; Phillimore's In- ternational Law, vol. i. p. 86. ' ' Statutes at Large, vol. ix. p. 977. TOTJCHIlirG THE KITE OF MAEEIAGE. 129 riage, are not subject to the lex lod, but must be gov- erned by the law of the domicile ; and that, therefore, in such countries, a valid contract of marriage may be; solemnized, and the contract authenticated, not only by an ambassador, but by a consul of the United States. 246. The English authorities come to . ,, , , . English autho- substantially the same conclusion, for rities on the similar reasons. " Nobody can suppose," subject of mar- says Lord Stowell, "that .while the Mogul empire existed, an Englishman (in Hindostan) was bound to consult the Koran for the celebration of his marriage." In most of the Asiatic and African coun- tries, indeed, law is personal, not local, as it was in many parts of modern Europe in the formative period of its present organization. Hence, in British India, Hindus, Parsis, Jews, Mohammedans, Christians, all marry according to the law of their religion. The ecclesiastical law of England goes further _, ^^ . ^^ than this, for it recognizes the marriage law in Eng- of Englishmen, celebrated according to the ^^^^' English law, that is, by a clergyman, in British factories abroad, though situated in Christian coun- tries, but countries of the Roman Catholic or Greek religion.^ Indeed, in the preceding cases, as in others, the English authorities, as has already been seen, lay down the broad rule, that where, owing to religious or legal difficulties, the marriage is impossible by the lex loci, still a lawful marriage may be contracted, and of course authenticated, by the best means of which the circumstances admit, as in many cases of marriages ' Kuding V. Smith, 2 Hagg. C. E. p. 371 ; Kent v. Burgess, 11 Simons, p. 361. 17 130 DUTIES OF tr. S. CONSULAK OFFICEES contracted in the East Indies and in other foreign possessions of Grreat Britain.^ 247. This doctrine is conformable to Canon law. the canon law, which gives effect to what are called matrimonia claniestina, that is, marriages celebrated without observance of the religious and other formalities decreed by the Council of Trent,^ when contracted in countries where, if those decrees were enforced, there could be no marriage.^ In such countries, in the absence of a priest, there may be valid marriage by consent alone, conformable to the canon law as it stood before the Council of Trent, either by verba de proBsenti or by verba de futuro cum copuld, as happened ex necessitate rei, under the Span- ish law, in remote parts of America. Of course, in circumstances like this, a marriage might be legalized by a mere military commandant.* 248. This doctrine applies to the pre- ■ TI ^L 'm^ ^^^^ question ; for, seeing that by the com- hammedan and mou law of marriage, as_ now received Pagan coun- ^^ ^y[^ ^^ nearly all, the States of the Union, marriage is a civil contract, to the validity of which clerical intervention is unnecessary,^ it would seem to follow, at least as to all those coun- tries, barbaric or other, in which there is in fact no lex loci, or those Mohammedan or Pagan countries, in which, though a local law exist, yet Americans are ' See Catterall v. Catterall, 1 Boberts, p. 580. ^ Cavalario, Derecho Canonico, tome ii. p. 172 ; Escriche, s, v. Matr. ' Walter, Dereoho Ecoleaiastico,.s. 292, 294. * Patton, V. Phil, and New Orleans, 1 La. An. E. p. 98. ' Bishop on Marriagfe, s. 163. •.^.- ^. TOUCHING THE EITE OF MAEKIAGE. 131 not subject to it, that there the personal statute accom- panies them, and the contract of marriage, like any other contract, may be certified and authenticated by a consul of the United States. 249. But this doctrine does not apply ^^^^^^^ ^ to the countries of Europe, or their col- Christian coun- onies in America or other parts of the *^^^' world; in all which there is a recognized law of the place, and the rule of locus regit actum is in full force. There a consul of the United States has no power to celebrate marriage between either foreigners or Americans. 250. It appears that, in some parts of _, . - Consular cer- Europe, in consequence of poverty or tificates to other impediments thrown in the way promises of of marriage, there is great prevalence of concubinage; that the desire of lawful cohabitation enters into the inducements of emigration ; and that it becomes an object, especially with emigrant females, to obtain, before leaving their country, if not a mar- riage, yet an assured matrimonial engagement; and that such parties are in the practice of entering into mutual promises of marriage, and procuring the con- tract to be certified by the consul of the United States. Such a contract would probably give rights of action to the parties in this country ; it must have a tend^ ency to promote good morals, and be particularly ad- vantageous to the party most needing protection — that is, the female emigrant ; and nothing in our own laws, or in our public policy, seems to forbid it, unless it be contrary to the law of the land in which the contract is made. 132 DUTIES OF U. S. CONSTTLAR OFFICERS Marriages of 251. It has been suggested^ that there emigrants. g^j-g considerations which render it desira- ble that consuls in Grermany, especially at the points of collection or embarkation of emigrants, should possess the power to legalize matrimony. Although there is much force in what has been said on the subject, never- theless it remains indisputable that consuls do not, in fact, possess the power ; and that it cannot be imparted to them by any act of the Department of State. 252. They might possibly acquire it in consols'^ TouM ^^^^^ ways, namely: first, by municipal be authorized act of any foreign government giving to ce e rate jg^g^ij^y ^q g^ marriage within it so cele- marriages. o j o brated, in which case there would be nothing in our law, or in our public policy, to for- bid a consul officiating in that relation ; secondly, perhaps, specially by treaty, or generally by act of Congress.^ But these are questions of political ex- pediency, not of practical jurisprudence. Validity of the ^^^^ ^P°^ principles of general legis- marriage con- latiou the Validity of a marriage, or of tract. g^j^y Q^jjgj. contract, depends upon the law of the place where such marriage or other contract is entered into. If there is no special legislation to the contrary, the effect of such marriage is legally the same in every country as if celebrated therein. But the validity of a marriage, and the consequences to result from it to persons or property, are very different 1 Despatch (MS.) of Mr. Samuel Eicker, U. S. consular ofScer at Frankfort-on- the-Main ; Opinions of the Attorneys General, vol. vii. p^ 343. '' Since the delivery of this opinion a provision in relation to the rite of mar- riages performed in the presence of a consular officer has been introduced into the act of June 22, 1860. See Statutes at Large, vol. xii. p. 79. TOUCHING THE EITE OP MARKIAGE. 133 questions, and depend upon different principles. It is competent for every nation to provide by its own laws that marriages, wherever they take place, unless cele- brated in a particular manner or under particular circumstances, shall be ineffectual to secure to parties claiming under them the rights they would have been entitled to had no such disabling legislation existed. 254. This is a subject of internal policy wholly de- pendent upon local considerations. But the validity of the marriage itself is quite another matter, which cannot justly be thus dealt with. Not only is it binding upon the parties in foro conscientice, but it is beyond the reach of any rightful legislation. 255. The provision of the thirty-first „ '■ •' Consular au- section of the act of Congress of June thenticatiou of twenty-second, eighteen hundred and ""^"^^g^- sixty,^ which declares that marriages celebrated in the presence of any consular officer in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, shall have the same force and effect, and shall be valid to all intents and purposes, as if the said marriage had been solemnized within the United States, specially pro- vides for the presence of a consular officer upon such an occasion. And the provision is no doubt a wise one, not only because it furnishes security against fraud, but because it renders more easy the authenti- cation of such marriages in the United States. It does not necessarily withdraw the celebration of such marriages from the authority of the country in which they take place, or give power to the consular officer ^ Statutes at Large, vol. xii. p. 79. 134 DUTIES OF TJ. S. CONSTJLAE OFFICEES Ijimself to perforin the ceremony in Christian coun- tries. It will be evident from what has been stated that, in order to preserve all the legal rights of the parties to a contract of marriage, it is expedient that the marriage ceremony should, if possible, be per- formed in the manner required by the law of the place of contract.^ Objections an- 256. It is Suggested that no notice has Bwered. heeo. taken of "the difference between consuls who are subjects of the State where they reside, and those who are not such subjects." Undoubtedly such difference exists, since a subject cannot escape his local obligations by means of an appointment as foreign consul ; but that is immaterial to the question, because the consul does not, by reason of his being a foreigner, become therefore authorized to solemnize marriage. If, indeed, being a subject of the State, he have power as a local magistrate to solemnize mar- riage, or, being a foreigner, he have the same power as a clergyman, he may do it ; but, in either case, not in his capacity of consul. 257. Another point of consideration is further sug- gested, namely, "the difference between consuls resid- ing in a State where there is a minister representing the government by whom they were appointed, and consuls residing in a State where there is no minister;" and the peculiar importance of this point in Germany has been mentioned. It is true, that in a country where his government has no minister, the duties of the consul expand, of necessity, into a larger field, 1 Statutes at Large, vol. xii. p. 79; Instructions to Mr. Fay, November 12, 1860, MS. TOTJCHING THE EITE OF MARRIAGE. 135 because he will be called upon to communicate with his own government, or with that near which he resides, in matters which would otherwise devolve on a minister; but that circumstance does not cure his legal incapacity as consul to solemnize marriage in Christian countries without authority of the local government.-^ 1 Opimons of the Attorneys General, vol. yii. p. 343. CHAPTEE IX. EEGULATIONS IN REGARD TO APPLICANTS FOR THE OFFICE OF CONSUL. Applicants for 258. APPLICANTS for the office of con- consular offices, gui must be not less than twenty- one years of age. Evidence of citizenship, and the oath of allegiance prescribed by law, must accompany every application. Should the qualifications of the applicant entitle him to be received as a candidate, his name will be registered, and in due time, should it receive the favorable consideration of the President, he will be notified to report at the Department of State for examination. Applicant to be 269. No Candidate will be appointed examined. until he has becu examined and found qualified by a board consisting of three examiners, selected by the head of the Department. Modeofexami- 260. If the Candidate is in a foreign nation. country, he may be examined by a series of written questions by the minister of the United States in that country, and two other competent per- sons, to be named by that officer. The result of the examination, with the answers of the candidate in his own handwriting, will then be transmitted to the Secretary of State. 136 APPLICANTS FOE THE OFFICE OF CONSUL. 137 261. Candidates must be able to write „ ,.,. ^ Conditions. a good hand, must be thoroughly ac- quainted with arithmetic, geography, English gram- mar, and book-keeping, and must possess a good know- ledge of history, especially of the United States. 262. They will be required to pass an ^ . ^. •' _ _ ^ ■*■ _ Examination. examination, in addition to the studies above mentioned, in the Consular Manual, Kent's Commentaries, Story on the Constitution of the United States, and the text of Wheaton's Elements of Inter- national Law. Candidates should also be able to read and write with facility the French, or some other modern language besides English; and those who possess, in addition, the ability to speak the language of the country where they are to be employed will be preferred. 263. It is to be understood, however, that the approval of his qualifications by the board will not ensure appointment to the candidate. His appoint- ment will be in the discretion of the President, and will be governed by the exigencies of the service and his relative merit as ascertained in competitive examination.^ 264. A letter, substantially in the fol- Notice of ap- lowing terms, is usually addressed to any point^ent. person who has received an appointment as consul in Schedule B. 265. If the appointment is made to a consulate in Schedule C, the individual receives a similar letter, but is specially informed that he will receive no allows ance for rent for the consular office. 1 See Instructions of Secretary of State, October 1, 1866. 18 138 EEGTJLATIONS IN EEGAED TO APPLICANTS 266. If the appointment is made to a consulate not included in Schedules B or C, the person is informed that he will receive no other compensation than what may be derived from the fees of the consular office to which he is appointed, and in no event will office rent be allowed, unless with, the sanction of the Secretary of State, from the surplus fees, in case these amount to a sum exceeding twenty- five hundred dollars. 267. In transmitting the notice of your Instructions appointment to the office of consul at transmitted to ^ ^ consuls in- , I havo further to acquaint you Sch^dul e b" ^^^^ 5"°^ ^^^ entitled to compensation only with notice of from the time when you shall reach your m^ ^^^°^"'^ P*^®^ ^^^ enter upon your official duties to the time when you shall cease to hold such office; and also for such time as you shall be actually and necessarily occupied in receiving your instructions, not to exceed thirty days ; and, finally, for the time, actually and necessarily occupied in making the transit between the place of your resi- dence when appointed and your post of duty, at the commencement and termination of the period of your official service. - ^. 268. Your compensation is fixed by law Compensation. -"^ , _ •' at per annum, at which rate you will be paid for the four periods of service above mentioned. 269. Your compensation will not commence until the date of your signifying your acceptance of the appoint- ment, and taking the oath of allegiance and of office, of which a copy is herewith enclosed. When these acts are performed, your compensation will begin, and FOR THE OFFICE OF CONSUL. 139 will continue for a period so long as may be necessary, not exceeding thirty days, while you are '■'■ actually occupied^'' in receiving instructions. It is expected that you will, immediately after accepting the appoint- ment, transmit your official bond to the Secretary of State, and report in person at this Department to re- ceive further instructions. 270. You will be employed in the Con- Employment at sular Bureau and at the Treasury De- the Depart- partment during the usual business hours, ™^" ' under the direction of this Department and the ac- counting officers of the Treasury, in such employment as will best acquaint you with the nature of the con- sular service ; the various subjects with which you should become familiar in order to discharge in a fitting manner your consular duties ; the mode of keeping and adjusting consular accounts ; and the proper manner of corresponding with the several departments of the government, and the local officers of the place of your official residence; and also with the United States minister resident in the country, to whom you are subordinate. Two weeks will be re- quired for this purpose. 271. At the expiration of this period you will receive your passport, and be paid for the number of days during which you may have been occupied in receiving instructions. 272. On your arrival at your post of Transit aiiow- duty you will be authorized to draw com- *°'=^- pensation, at the rate above mentioned, for the period actually and necessarily occupied in making the transit by the usual direct route. You will not be 140 REGULATIONS IN EEGAEB TO APPLICANTS. allowed compensation for any detention on tlie route not absolutely necessary. In case of any detention by sickness, the fact must be certified by a physician. Compensation cannot be allowed, after the expiration of the time occupied in receiving instructions, for any period while awaiting the sailing of a vessel. „ , 273. No allowance is made for travel- Bent. ing expenses, nor is transportation pro- vided by the United States. Office rent, at a rate not exceeding ten per cent, of the annual compensation^ is allowed to consuls and commercial agents at places included in Schedule B. If a greater amount than ten per cent, is paid for office rent, it must be paid from your own compensation ; if a less amount, no greater charge against the United States than the sum actually paid can be allowed. CHAPTER X. THE DUTIES OF A CONSULAR OFFICER AFTER RECEIVHiTG NOTICE OF HIS APPOINTMENT. 274. As soon as a consul general, con- 1 "1 J. ' jK» ' n X" Bonds to be sul, or commercial agent is omcially noti- .^^ , ^^^_ fied of his appointment, he must, without suiar officers, J 1 i, i? _ I- • 1- • and conditions unnecessary delay, beiore he receives his ^^^J.^^f_ commission or enters upon the duties of his office, take the oath of office and allegiance, and also enter into a bond with the United States, with such sureties (who shall be permanent residents of the United States) as shall be approved by the Secretary of State, in a penal sum of not less than one thousand nor more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all moneys, goods, effects, books, re- cords, papers, and other property which shall come to his hands, or to the hands of any other person to his use, as such consul general, consul, or commercial agent, under any law now or hereafter enacted, and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such consul general, consul, or commercial agent ; and in the cases of consuls general, consuls, and com- mercial agents embraced in Schedule B of the act of August 18, 1856, such bond must contain, by way of 141 142 THE DUTIES OF A COJSTSULAK OFFICEE further condition, the stipulation required by section five of the said act; namely, they shall not, while holding their offices, be interested in or transact any business as merchants, factors, brokers, or other traders to, from or within the ports, places, or limits of their consulate or commercial agencies, directly or indirectly, either in their own name or in the name or through the agency of any persons.^ In the case of consuls included in Schedules B or C, there is the further condition that all official fees be accounted for and paid to the United States. 275. He must at the same time inform the Depart- ment of the place of his birth and the State of which he was a citizen at the time of his appointment ; and also of his post-office address. 276. There are certain formalities which be observed in Hiust be strictly observod in the execution the execution of the boud. 1. The Christian names must be written in the body of the bond in full, and so signed to the bond. 2. The places of residence of the principal and the sureties must also be stated in the bond or in the cer- tificate of the District Attorney. 3. Each signature must be madd in the presence of two persons, who must sign tbeir names as witnesses. 4. The United States Attorney of the district in which the sureties reside must certify that they are severally sufficient to pay the penalty of the bond, and are citizens of the United States. 5. The date of the execution of the bond must be inserted. ' Statutes at Large, vol. xi. pp. 56, 57. AFTEK RECEIVING NOTICE OF APPOINTMENT. 143 277. If the consulate is one of those included in Schedule B of the diplomatic and consular act of August eighteen, eighteen hundred and fifty-six, the bond must be executed in the manner prescribed by- Form No. 2. If the consulate is included in Schedule C, the bond must be executed agreeably to Form No. 3. 278. If the consulate is not included either in Sched- ule. B or C, the bond must be executed in accordance with Form Ko, 4. 279. If the consular officer be not in the United States at the time of his appoint- ^°f.^ °^./;°" ^^ ceeding if the ment, as soon as he is apprised of the consular officer same he must sign, seal, and transmit to 't ■?°i cT. ** c ' ' _ _ United States. the United States, by the most expeditious conveyance, a bond like the one described in the first section of this chapter, to be signed and sealed by two sureties, who are permanent residents of the United States, and whose competency must be certified as above mentioned, and the instrument then sent to the Secretary of State for his approval ; after which it is deposited with the Secretary of the Treasury. 280. If he be a naturalized citizen, he ^ ^ ^ . . . ' Proof of citi- must transmit, with his bond, an attested zenship re- copy of his certificate of naturalization. ^"'^^"^ 281. When the bond of the consular „ . . Commission officer has been approved, and a certified and passport copv of the oath of office and allegiance °^„ ^ consular •■■ •' ° omcer, and received at the Department of State, his how and when commission is immediately sent to the transmitted. United States legation, if there be one in the country to which his consular district belongs ; otherwise to the 144 DUTIES AFTER EECEIVING APPOINTMENT. consul himself. His consular passport is then for- warded to him, the receipt of which he must imme- diately acknowledge, stating, at the same time, the date of receipt. 282. After receiving his passport, he is Notice of time , -i , i ■ -n ii • ^ and place of expected to depart, with all convenient departure to be despatch, for his post ; giving notice to ^^^^"' the Department of the time and place of his departure, and of the vessel in which he embarks. CHAPTEE XI. CONSULS GENERAL. 283. Consuls general are governed like consuls general other consular officers in the discharge of to be guided by their official duties by the laws of the gtructions, and United States and the consular regulations ty specific in- prescribed by the President. Inasmuch, however, as the duties which consuls general are required to perform are often highly important and involve much responsibility, they receive from time to time, from the Department of State, as occasion may demand, specific instructions for their information and guidance. 284. Consular officers residing within Transmission of the jurisdiction of a consul general are correspondence. usually required to transmit their official correspond- ence and reports through him, unless otherwise instructed, and in. cases of emergency when the delay of communicating with the Department would be pre- judicial to the public interests. 285. Consuls general are expected, „ ° ^ (Jonsuls general when requested by a consular officer, to to give advice give their advice and counsel to him in '° consular offi- <-' _ cere. all cases of difficulty, and, whenever the occasion may justify it, upon any subject affecting the interests of their own government or their countrymen. 286. The correspondence of the Department of 19 145 146 CONSULS GENERAL. State with, consular officers is not unfrequently, as with the consuls in the Island of Cuba, conducted through the medium of the consul general of the United States, if there be such an officer residing in the country. Appointment of 287. Whenever the interests of the consular agents. United States require the appointment of a consular agent at any port or place within a consular district, the consul general of the United States, if there be such an officer in the country, is required to communicate to the Department of State the name of the individual whom the consul recommends for the appointment, with the consul's reasons therefor, and also, if it be a newly-created agency, with the reasons for the establishment thereof, together with his own views on the subject. All the papers relating to the case must likewise be transmitted to the Department. 288. Whenever a consular agency is nearer to the official residence of the consul general than to that of any consul of the United States, the consular agent is nominated by the consul general and is directly responsible to him. Sometimes he is specially au- thorized to appoint agents in any part of his consular jurisdiction. -, , „ 289. Whenever a consul general has Mode of com- _ ° munioating occasiou to commuuicate with a consular Tglnt' ""'"'^ ^g^^* ^^ ^^^^^1 business, he will do so through the medium of the consul to All CO "3 "Is whom such agent is responsible. All general pronib- ° ^ ited from tra- cousuls general, whether specified in ding, etc. Schedule B or appointed in accordance with the fourth section of the act of August 18, 1856, CONSULS aENEEAl. 147 are subject to the prohibition in regard to trade mentioned in the fifth section of the same act. 290. The office of consul general may office of consul be given, as a mere titular designation, general. to imply rank ; but it more properly signifies an office with special functions, well defined by the law of nations and public usage. Such an officer possesses utility and particular application in foreign countries of extensive but definite circumscription in which there is no proper diplomatic representative of the government, such as the several great European colo- nies, or other governments of that order, in Asia, Africa, and America. In the foreign dependencies of European powers, many of which are in themselves great States, with all the mechanism of local authority, and in some cases enjoying semi-independence under the administration of a governor, a captain general, or a pacha, it often becomes necessary that some consular person should have power to communicate with the supreme colonial or feudatory chief in behalf of his colleagues and his countrymen ; and on the consul residing at the seat of such government, will naturally devolve the functions, if not the title, of consul general. In Cuba, for instance, it is understood to be a regulation of the captain general, that all official consular correspondence with him shall be conducted through the medium of the consul general residing at Havana, and this regulation, all the consuls of the United States in Cuba, are specially instructed to observe.^ ' Opinion of Attorney General, June 2, 1855 ; De Cuasy, Egglements Con- sulaires, p. 70 ; Moreuil, Agents Consulaires, p. 18 ; De Clercq, Guide dea Con- 148 CONSTTLS GENERAL. Consuls not ^^^- ^^^^^^^ consuls nor consuls gene- public minis- ral are public ministers.^ Whatever pro- *®™" tection they may be entitled to in the dis- charge of their official duties, and whatever special privileges may be conferred upon them by the local laws and usages, or by international compact, they are not entitled, by the general law of nations, to the peculiar immunities of ambassadors. No State is bound to permit the residence of foreign consular officers, unless it has stipulated by convention or treaty to receive them.^ Sometimes, as in the depen- dencies of Spain, both in the Eastern and Western hemispheres, the ports are indicated by the sovereign authority at which alone consuls or consuls general are permitted to reside. 292. Sometimes consuls general and Credentials. , •■,-,•,■, • t ■, , , consuls are provided with special letters of credence, and they are then regarded as possessing certain diplomatic privileges. The only instance of this kind among the consular officers of the United States are the consul general in Egypt, and the consuls in Tunis, Tangier, and Tripoli. Title of consu- ^^- Under the provisions of the first lar officer at scctiou of the act making appropriation Alexandria. ^^^ ^j^g cousular and diplomatic expenses of the government for the year ending thirtieth of June, eighteen hundred and sixty -five, and for other purposes, it is provided that the consul general of sulats, p. 28; Instructions of Mr, Everett to Mr. Sharkey, and also to Mr. Barringer, Executive Document, House of Eepresentatives, No. 86, 33d Congress, 1st Sess. pp. 46, 81, 82. ' Halleck's International Law, pp. 241-249. ' Statutes at Large, vol. xiii. p. 138. CONSULS GENERAL. 149 Alexandria shall have the name and title of agent and consul general. 294. All consuls general included in BondofconBuk Schedules B and C are required to execute general. a bond as prescribed by Form No. 2}- Consuls general not classed in those schedules are required to execute a similar bond, excepting only the condition in regard to the delivering up of the official fees. 1 Statutes at Large, vol. xi. p. 55. CHAPTER XII. CONSULS AND OTHER CONSULAR OFFICERS.' Principal con- ^^- ^JoNSULS general, consuls, and com- suiar officers mercial agents, are deemed and taken to ® denote full, principal, and permanent con- sular ofl&cers, as distinguislied from subordinates and substitutes.*^ 296. The first class of consular officers Consular om- cera of the first are those consuls general, consuls, and dase prohibited commercial agents, who are appointed to from being m- . . terested in or the ports and places designated in Sched- from transact- ^|g g sectiou three, of the act regulating ing business. [ ^ a a the diplomatic and consular systems of the United States,^ who, while holding the consular office, are prohibited by section five of the said act from being interested in, or from transacting, any business as merchants, factors, brokers, or other traders, or as clerks or other agents for any such persons, to, from, or within the port, place, or limits of their con- sulates or commercial agencies, directly or indirectly, 1 See Halleck's International Law, chap, x., "Of Consuls and Commercial Agents." Wheaton's note, pp. 423-438, seventh edition. 2 Statutes of the United States, vol. xi. p. 64. Act of August 18, 1856, sect. 31. s Idem, vol. xi. pp. 52-65 ; Halleck, p. 241 ; also Kent?s Commentary on In- ternational Law, revised, with notes and cases, by J. T. Abdy, Cambridge, England, 1866, pp. 136-162. 150 CONSULS AND OTHEK CONSULAK OFFICERS. 151 either in their own names or through the agency of any other persons. 297. Consuls of this class are entitled „ Compeneation. to compensation for their services, respect- ively, at the rates specified in said Schedule B. 298. The second class of consular offi- consular offi- cers are those consuls and commercial cere of the agents appointed to the ports and places ^*°°° " *^" designated in Schedule C of the same section. 299. Consular officers of this class are „ Compensation. entitled to compensation for their services, respectively, at the rates per annum which are specified in Schedule C, and are not prohibited from being in- terested in or transacting business, but are required to account for all official fees collected by them to the Secretary of the Treasury, and hold the same subject to his draft or other directions. 300. The third class of consular officers are those consuls general, consuls, and j.g°°™*of "j^e commercial agents, who are not embraced third class, and in Schedules B and C, and who are en- ^<=°™PE"sar ' tion. titled, as compensation for their services, to such fees as they may collect in pursuance of the provisions of the act of August eighteen, eighteen hundred and fifty-six, subject also to the provisions of the third section of the act making appropriation for the consular and diplomatic expenses of the gov- ernment for the year ending thirtieth June, eighteen hundred and sixty-seven, and for other purposes.^ 301. The President is authorized by „ , ■^ Consular offi- section fifteen of the said act to subject cers subject to ' Session, p. 226 ; Circular of the Secretary of State, No. 63. 152 CONSULS AND OTHER CONSULAR OFFICERS. the prohibition ^^V consul or Commercial agent contem- as regards busi- plated by scctioii four, and any vice con- °^' sul, vice commercial agent, deputy consul, or consular agent, to the prohibition as to trade con- tained in section five, and to require from him such bond as is provided for by section thirteen, whenever he shall think the public interests will be promoted thereby. CHAPTER XIII. DEPUTY CONSUIiB, VICE CONSULS AND OTHER VICE CON- SULAR OFFICERS. 302. A DEPUTY consul is a consular Functions of a oflicer subordinate to a consul, exercising "^"^P^'y consul. consular powers and performing the duties within the limits of a consulate, at the same port or place at which his principal resides.^ He is required to per- form such duties as may be assigned to him by the principal consular officer. The appoint- Deputy con- ment of a deputy consul is of unfrequent suis, wjien to be occurrence, and he can act only in case of *pp°'° the sickness of a consul, or of his inability to dis- charge with promptness such consular business as requires the personal attention of a principal consular officer. 303. The nomination of a deputy con- -j^^^^ „£ ^^ sul must be communicated to the Depart- pointment. ment of State, accompanied by a statement of the reasons which require the appointment, and proof of the character and ability of the nominee ; if possible, he should be a citizen of the United States. His appointment does not require a nomination to the Senate.^ ' Opinions of the Attorneys General, vol. vii. p. 262. « Idem. p. 247. 20 153 154 DEPUTY COIfSULS, VICE CONSULS 304. As soon as the consul receives Local authori- ^ . » ties to be ap- from the Department a confirmation of prised of the ^|jg appointment, he should apprise the appointment. -^-^ .. :■ local authorities of the fact, and request the recognition of the deputy consul in his official character. Without such recognition it would be manifestly improper for a deputy consul to communi- cate officially with the authorities of the place. Official papers ^05. In all casos it is desirable that to be assigned official papers requiring consular au- y econs . theuticatiou should be signed by the consul himself., 306. Every consular officer is held by ^ponsibiiity ^j^g Department responsible for the of- of consular om- J- '- cers for the ficial acts of his agouts, whatever may be acts of their ^jj^gjj. designation: and he is expected to agents. o j r exercise over them such control as to pre- vent them from committing any acts of impropriety, dishonorable to the American name and character. 307. A vice consul general, vice consul, Appointment _ . of vice consul or vice Commercial agent is an officer who orvicecommer- jg substituted temporarily to fill the cial agent. • i <• places respectively of a consul general, consul, or commercial agent, in the absence of either of these officers. He is appointed in the same man- ner and subject to the same restrictions as a deputy consul. But in case of any sudden emergency re- quiring the services of a deputy consul or vice con- sul, where the interests of the United States or its citizens would suffer from delay, such deputy or vice consul may temporarily discharge consular duties prior to the confirmation of the a,ppointment by the AND OTHER VICE CONSULAR OFFICERS. 155 Department of State. Whenever such an emergency occurs it should be communicated without delay to the Secretary of State, and the sanction of the ap- pointment obtained from the Department. 308. The salary of a vice consul aren- „ •' ^ " ^ Compensation eral, deputy consul, vice consul or vice of a subordi- commercial agent, is provided by the prin- ^^ consuiax cipal consular officer under whom the appointment is held from his own compensation, sub- ject to the sanction of the President, communicated through the Department of State. 309. No draft should be drawn by a subordinate consular officer unless the De- partment, on which it is drawn, has been previously apprised by the principal consular officer that such authority has been given ; otherwise the draft may be protested. Immediately after receiving his appoint- ment every vice consul should transmit vice consul's his official bond as required by the sixth ^°'^^- section of the act of April fourteen, seventeen hundred and ninety-two.^ ' Statutes at Large, vol. i. p. 256. CHAPTEE XIV. OOMMEKCIAL AGENTS. Duties of com- 310. Thb official duties of United States merciai agents, commercial agents resemble, in most re- spects, those of United States consuls. Similar instruc- tions are given to both, subject to such modifications as are rendered necessary by the local laws or the customs of the places where these officers respectively reside. Mode of ap- 311. Commercial agents are not, like pointment. cousuls, appointed by the President, by and with the advice and consent of the Senate ; nor do they receive a commission bearing the seal of the United States. They are simply executive agents sent abroad for the promotion and advancement of com- mercial interests, selected by the Department of State, corresponding with, and instructed and controlled by it ; and they receive a certificate of appointment bear- ing the seal of the Department. Their appointment remains unchangeably one of the organic powers of the Executive, derived from the Constitution and not from an act of Congress, Like other executive officers con- 1 See Halleck's International Law, chap. x. pp. 239-269, "Of Consuls and Commercial Agents." 156 COMMERCIAL AGEITTS. 157 nected with the Department, they are amenable to it, and subject to regulations issued from it.^ 312. Their recognition by the authori- ties of the place where they reside, f «=°g°iti°° ''y ^ •' ' local authori- although important in affording facilities ties not abso- to the proper performance of their duties, ^'^*®^y °^'=^^" is not always necessary. In some in- stances, though very rarely, these agencies are conferred upon persons who are directed to keep secret the trust confided to them. Appointments of this character do not necessarily require a recognition on the part of the government of the country, or of the authorities of the place where a commercial agent resides, though such recognition is always desirable. Commercial agents are sometimes appointed, rather than consuls, for the sole purpose of avoiding the necessity of recognizing an authority de facto, by requesting an exequatur, as application is rarely made by the government for exequaturs for commercial agents, except for such as reside in the dependencies of Great Britain. 313. Should an official recognition by „ ^ ^ "-' •' Mode of appli- the supreme authority of the country in cation for an which a commercial agent resides, or of ®^«'i"**"''- which his district is a dependency, be thought neces- sary for the interests of the United States, the com- mercial agent will request the Depart- ment of State to apply for an exequa- ^ co™mi rr J -X agent prombit- tur. In no case will a commercial agent ed from appiy- make such application himself to the i°s fo' ^n exe- •^ ^ quatur. foreign government. ' Opinions of the Attorneys General, vol. vii. p. 249. 158 COMMEECIAL AGENTS. 314. Commercial agents, like other con- Eestrictions i /c . • . i jl j? imposed on sular officcrs, are restricted from perform- commerciai jng any official acts which are forbidden ^^^ or not tolerated by the government of the place at which they are appointed, and w;hich have reference solely to such government and the citizens or subjects owing it allegiajace.^ ' Mauuscript InsixuctioziB, September 6, 1854. CHAPTEE XV. CONSULAR AGENTS. 315. CoTsrsuLAE agents are defined to consuiai agents be consular officers, subordinate to full, defined. principal, and permanent consular officers, exercising powers and performing duties within the limits of consulates or commercial agencies, respectively, at ports or places different from those at which such principals respectively reside.^ 316. When there are, in consular dis- ,„, Where consnlar tricts, several sea-ports frequented by agents are to be merqhant vessels of the United States, or ^ppo^'^d. places where American interests are concerned, or to which American travelers resort, consular agents should be appointed at such ports or places, with the sanction of the President. In selecting ports or places for the establishment of consular agencies, reference should be had to the convenience and economy of American citizens and other parties most likely to transact business at such agencies. 317. In all cases where it is practicable „ "■ Consular agents consular agents should be citizens of the to be citizens United States, and none others should be °^ ^^ ^'^^^ States, recommended for appointment except in cases of absolute necessity. ' Statutes at Large, vol. xi. p. 64 ; Opinions of the Attorneys General, vol. vii. pp. 246, 247, 262, 276. 159 160 CONSULAR AGENTS. 318. Every consular agent is entitled, Compensation '' _ , of consular as Compensation for his services, to such agents. £ggg ^^ j^g ^^j \g^yiffy\\y collect in pursu- ance of the provisions of the act regulating the diplo- matic and consular systems of the United States, or so much thereof as shall be determined by the President ; and the principal officer of the consulate or commer- cial agency within the limits of which a consular agent shall be appointed, is entitled to the residue, if any, in addition to any other compensation allowed him by section fifteen of the act above mentioned for his services therein. 319. Consular agents are subiect, like Eesponsibility ° . of consular Other cousular officers, to the provis- ^^^^' ions of law and the instructions of the Department. 320. On all matters relating to the Correspondence . . '-' of consular busiuoss of their agencies, they are re- agents, quired to communicate with the consular officers by whom they are respectively appointed, and to whom they are responsible; such of their com- munications as are considered of sufficient importance, and in all cases their quarterly reports and returns are to be transmitted by the said consular officers to the Department of State. 321. No consular agent is permitted to the™'rffioe°of perform any official act after the death, consular agent recall, resignation, or withdrawal from in certain' tingencies. in cer am con- Q^gg q£ jtj^q cousular officor by whom he was appointed; his own power to act officially being annulled by either of the events here mentioned. CONSULAR AGENTS. 161 322. No consular agent or vice com- Sub-ageAts not mercial agent is allowed to appoint a sub- to be appointed, agent. 323. As soon as possible after having ^ ^ m e s of received bis exequatur and entered upon agents to be his duties, every newly-appointed consul "^^p"'*® • is expected to report to the Secretary of State for con- firmation the names of his consular agents, and, in- variably at the close of each year, to transmit a full list of all his subordinates. 324. No consular agent should enter Eecognition of upon the discharge of his official duties consular agents. till his appointment has been sanctioned by the Pre- sident, as required by the fourteenth section of the diplomatic and consular act of August eighteen, eighteen hundred and fifty-six, for which application should be made through the medium of the Depart- ment of State. In some countries, as in Great Britain and France, after the appointment of consular agents application is made to their respective governments for the recognition of such officers. In which case it is manifestly improper for the consular agents to enter upon their duties till such recognition is obtained. In all instances the ministers of the United States should be made acquainted by the consul with all ap- pointments of subordinate consular officers, as soon as they are sanctioned by the Department of State in the countries. 325. Consuls are instructed that here- Appointment after all nominations to vacatnt agencies, °f ^s®"*^- and propositions for the establishment of new agencies, must be made in the first place to the consul general 21 162 CONSTTI-AR AGENTS. to whom they are respectively subordinate; or, in the absence of such officer, to the minister of the United States in the country of their official residence, to be by him approved and endorsed before transmis- sion to the Department of State. Nominations and propositions in derogation of this rule, which may be received from countries where the government is represented by a minister or consul general, will not be regarded as having a claim upon the attention of the Department.^ 1 Circular of the Secretary of State, No. 52. CHAPTER XVI. OFFICE CLEEKS. 326. Whenever at any consulate or commercial ae-ency it becomes necessary , 'fV?'"^'' " •' •' clerks to be em- to employ office clerks,^ consular officers ployed in pre- are expected, where it is practicable, to ^ens"''^ *° receive into their service those indivi- duals only who owe allegiance to the government of the United States. 327. Inconveniencies may result from this instruc- tion where the English language is not that of the country in which the consulate is situated ; but if consular officers are not acquainted with such lan- guage at the time of receiving their appointments, it is expected that they will soon acquire a sufficient knowledge of it for the management of their official business. 328. There are many Americans citizens, at home and abroad, who are anxious to acquire a knowledge of the languages of Europe — a knowledge which would be valuable to the government and to the people of the United States ; and -it is recommended to consular officers, so far as it is practicable, to pro- ' This term — office clerks — is used to distinguish them fi-om consular clerks, a limited number of whom are authorized to be employed under the provisions of the act of June 20, 1864. 163 164 OFFICE CLEEKS. cure siicla persons as assistants. Should circum- stances prevent a strict compliance with this instruc- tion, the fact will be reported to the Department and the reasons thereof explained. 329. At the close of every year, every Names of all ./ ^ ' •; subordinate cousular officer is required to transmit to consular offi- i]^q Department, according to the pre- cers to be trans- . mitted annual- scriDed form (JNo. 1), a list of all per- ly to the De- g^j^g ^j^q jj^^y -j^g acting within his con- partment. , , sular district and under his jurisdiction, either as deputy or vice consuls, consular agents, clerks, or in any other similar capacity, stating in such returns the name of the individuals, their place of birth, the country to which they owe allegiance, their rank, date of nomination, and the date of the approval thereof by the Department. If office clerks are appointed, provision must be made for their salaries by the consuls by whom they are respectively appointed, and to whom they are responsible; no provision is made by law for the compensation of such officers, except in those cases when their compensation can be paid from the surplus fees, exceeding twenty- five hundred dollars, received by any consul not in- cluded in Schedule B or C, agreeably to the provi- sions of the third section of the consular appropria- tion bill of July 26, 1866.^ 1 Session, Statutes of the United States, p. 226 ; circular of Secretaiy of State, No. 63, March 8, 1867. CHAPTER XYII. MAESHALS OF CONSULAE COUETS. 330. It is provided by the twenty-fifth section of the act of Congress of June twenty-second, eighteen hundred and sixty, that the President be authorized to appoint marshals for such of the consular courts in the countries designated therein, as he may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars per annum. Salary. in addition to the fees allowed by the •' Fees. regulations of the said ministers, re- spectively, in the said countries ; and it is made the duty of the said marshals, respectively, to j)„tjgg ^^ ^^^_ execute all process issued by the minister si^ais. ' of the United States in the said countries, respectively, or by the consul at the port at which they reside, and to makei due return of the same to the of&cer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said ministers, respectively, in regard to their duties. The 'marshals are required to give bond for the faithful Bonds to be performance of the duties of the office, be- given. fore entering upon their official duties, which bond 165 166 MARSHALS OF CONSTJLAE COTJKTS. must be in a penal sum not to exceed ten Penalty. thousand dollais, with, two sureties to be approved by the Secretary of State of the United States ; the bond is to be transmitted to the Secretary Disposition of of the Treasury, and a certified copy bond. lodged in the office of the minister. And in case any person aggrieved by the misconduct of any of the marshals should desire to bring suit upon any Suits upon of the said bonds, it is made the duty of bonds. the Secretary of the Treasury, or the minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy, so furnished and certified, suit may be brought and prosecuted with the same effect as could be done upon the original. Upon a Production of plea of 71071 est factum verified upon oath bond. Qj. any other good cause shown, the court or the consul or minister trying the cause may require the original to be produced ; and when so required, it is the duty of the Secretary of the Treasury to forward the original bond to the court or consul or minister requiring it. Before a copy of any such bond shall be „ ^ ^, furnished for suit, it is the duty of the Probable cause ' •' of action to be Secretary of the Treasury, or the minister shown. ^Q whom the application is made, to re- quire prirna facie proof, to be judged of by the Secre- tary of the Treasury or the minister having charge of the copy, that there is probable cause of action against . . ^ ^ the marshal making the bond. All rules, Appointment _ ° ' of special mar- ordcrs, writs, and processes of every kind Bhais. which are intended to operate or be en- forced against any of the said marshals, in any of the MARSHALS OF CONSULAR COURTS. 167 countries named in this act, must be directed to and executed by such person as may be appointed for that purpose by the minister or consul issuing the same, 331. The marshals of the United States compensation consular courts are not, like consuls, en- of marshals. titled specifically to compensation for a certain period while receiving instructions, nor while making the transit to and from their respective posts of duty. In the absence of any statutory provision fixing the time when the salaries of public officers begin, the general rule adopted and enforced in the accounting bureaus has been that such officers are entitled to pay when they have actually entered upon duty. This rule has usually been applied to heads of Bureaus, Marshals, District Attorneys, Land Officers, and others.^ 332. The date of the commencement of , , . At what time receiving compensation is not necessarily compensation that of their appointment, but that at '=°'^™^"««s- which they begin to devote themselves to the public service, that time being fixed by acts performed, as by leaving home to come to the seat of Grovernment for instructions, or by an understanding between them and the head of the Department. It may also be indicated, in the case of the marshal of a consular court, by the day on which he takes the oath of office and gives the bond for faithful performance of the duties required by law. Then, and not before, he may be said to be in office, and certainly before these essential formalities are complied with his salary does not commence. Whether it begins when they are completed will depend on the question whether from 1 Opinions of the Attorneys General, vol, vii. p. 307. 168 MARSHALS OF CONSULAR COURTS. that time lie devotes himself to the public service. In legal presumption he does; but that presumption is not conclusive; and if the fact be otherwise, the accounting officers, if it appear that the time when a marshal takes the oath of office and files his official bond, is not the time when his official service begins, should accept the latter as the date from which his salary commences.^ From what has been said it will be seen that it is both the interest and duty of a marshal as soon as he receives official notice of his appointment, to take the oath of office and allegiance (see Form No. 131), and transmit his bond (see Form No. 133), duly executed, to the Secretary of State. If he is a naturalized citizen of the United States, he must transmit, at the same time, a certified copy of his certificate of naturalization. He will also mention the place of his birth and the name of the State from which he is appointed, and his post-office address. Bond of mar- 333. The boud must be executed both *^- by principal and sureties before a United States District Court Judge, Attorney, Marshal, or Minister of the United States. The sureties must be approved by the officer before whom the bond is executed ; and it should appear on its face, or be certi- fied by the said officer, that they are inhabitants and freeholders of the United States, resident therein ; the places of their residence should also be specified. ... 334. Upon the receipt at the Depart- Transmissionol i. r r commission and mout of the oath and.boud, executed in passport. accordance with the foregoing directions, 1 Opinion of Attorney General of the United States, May 12, 1862, MS. MAESHALS OF CONSULAR COXJETS. 169 the passport and commission of the marshal are sent to him, and he is expected to proceed to his post with- out delav. 335. Marshals are required to report Marshal to re- fer duty to the consul or vice consul to port to consul. whose instructions they are respectively subject, agreeably to the provisions of the twenty-fifth section of the act of June twenty-second, eighteen hundred and sixty. Should they have occasion thereafter to communicate with the Department, they must do so through the medium of the consular officer to whom they are subordinate. 336. Marshals are required to trans- Marshal's quar- mit, at the close of each quarter, to the teriy report. Secretary of State, a report in conformity with Form 'No. 132, showing the nature of each case determined in the consular court, the proceedings in connection therewith, and what disposition has been made of the fines and fees. They will transmit also, at the same time, to the Fifth Auditor for adjustment, their account for compensation. CHAPTEE XVIII. CONSTTLAE CLEEKS. Privileges of 337. It is provided by the second article consular pupils, pf ^jig Cousular Convention concluded at Washington on the 23d of February, 1853, between the United States and France, that " consular pupils shall enjoy the same personal privileges and immuni- ties as consuls general, consuls, vice consuls, and con- sular agents ;" and, by the twelfth article, that " con- sular pupils," as well as consular officers, " shall enjoy in the two countries all the other privileges, exemptions, and immunities which may at any future time be granted to the agents of the same rank of the most favored nation."^ Act of August 338. By the seventh section of the dip- is, 1856. lomatic and consular act of August 18, 1856, the President was authorized, whenever he should think the public good would be promoted thereby, to appoint "consular pupils," not to exceed twenty-five in number at any one time, to be citizens of the United States, and entitled to compensation for their services, respectively, at a rate not to exceed one thousand dollars per annum, to be determined by the Presi- dent ; and to assign such pupils, from time to time, to 1 Statutes at Large, vol. x. pp. 992, 999. 170 CONSULAR CLEEKS. 171 such consulates and with, such duties as he might think proper. 339. This section was, indeed, repealed congressional by the second section of an act making legislation. appropriations for the diplomatic and consular ex- penses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-eight;^ but it was, in substance, restored by the provisions of the second section of the act making appropriations for the same purposes for the year ending the thirtieth of June, eighteen hundred and sixty-five, which author- izes the President, "whenever he shall think the public good will be promoted- thereby, to appoint consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States, and over eighteen years of age at the time of their appoint- ment ; and shall be entitled to compensation for their services, respectively, at a rate not exceeding one thousand dollars per annum, to be determined by the President; and to assign such clerks, from time to time, to such consulates and with such duties as he shall direct ; and before the appointment of any such clerk shall be made, it shall be satisfactorily shown to the Secretary of State, after due examination and re- port by an examining board, that the applicant is qualified and fit for the duties to which he shall be assigned, and such report shall be laid before the President. And no clerk so appointed shall be re- moved from office except for cause, stated in writing, which shall be submitted to Congress at the session first following such removal." 1 Statutes at Large, vol. xi. p. 220. 172 CONSUL AE, CLEEKS. . . 340. The law thus requires that, before i/xamination. ^ the appointment of any consular clerk, he shall give satisfactory evidence, by examination or otherwise, of his qualifications and fitness for the ofl&ce, which evidence shall be furnished to the Se- cretary of State, and be by him laid before the Pre- sident. 341. In the instructions prepared im- mediately after the passage of the orig- . inal act by the Secretary of State,^ with a full know- ledge of the objects which it was proposed to accom- plish by the law under consideration, provision was made for the examination of -all candidates, and the standard of qualification was determined. It was the intention of the Department at that time, that such persons only should ^be selected and appointed as might be able to discharge the consular duties in event of the temporary absence, the illness, or death of a consul, and to become proper subjects for promo- tion in the consular service.^ Debate in ^'^^ ^^^^ also was the general scope House of Ee- of the debates in the Senate and House presentatives. £ t> i. j. • j.i '^ of Representatives on the proposition which was made, at the first session of the thirty- eighth Congress, to restore the provisions of law upon this subject. It was stated with great confidence that the adoption of this measure would give opportunity for the improvement of the consular service, by the appointment, without regard to partisan considera- tions, of young men of education and character, ' Hon. William L. Maxcey. ' Consular Eegulations, pp. 31-34, Edition of 1865. CONSTJLAE CLERKS. 173 holding their places by a tenure independent of administrative changes, and with a degree of per- manence, in case of their meritorious service, which would allow the government to enjoy the advantages of their special training and experience in the con- sular or diplomatic service, which they would pursue as a profession, and receive promotion therein if they exhibited sufficient ability and industry, and were proved to possess the requisite moral and intellectual qualifications.^ ^ 343. In view of these considerations, the follow;ing regulations are prescribed by the President of the United States : 344. Applicants for the' office of con- ^ ,.„ ^. ^ '■ _ Cfualifications. sular clerk must be not less than eighteen nor more than twenty-five years of age. Evidence of citizenship, and the oath of allegiance prescribed by law,^ must accompany every application. Should the age of the applicant and other qualifications entitle him to be received as a candidate, his name will be registered, and in due time, should it receive the favorable consideration of the President, he will be notified to report at the Department of State for ex- amination. 345. No candidate will be appointed _ . . until he has been examined and found qualified by a board consisting of five examiners, one of whom shall be the Assistant Secretary of State, or the Chief Clerk of the Department of State, and the 1 The Congressional Globe, Thirty-eighth Congress, First Session, pp. 1092, 1115—1118, 1131—1136, 2228—2232, 2789—2793. 2 Statutes at Large, vol. xii, 502. 174 COKSULAE CLEKKS. four others shall be selected by the head of the Department. 346. If the candidate is in a foreign country, he may be examined by a series of written questions by the minister of the United States in that country, and two other competent persons, to be named by that ofScer. The result of the examination, with the answers of the candidate in his own handwriting, will then be transmitted to the Secretary of State. 347. Candidates must be able to write a good hand, must be thoroughly acquainted with arithmetic, geography, English grammar, and book-keeping, and must possess a good knowledge of history, especially of that of the United States. ^ ,.^ . They will also be required to pass an Qualincations. ^■' _ _ _ ^ -^ ^ examination, in addition to the studies above mentioned, in the Consular Manual, Kent's Commentaries, Story on the Constitution of the United States, the text of Wheaton's Elements of Interna- tional Law, Curtis' Rights and Duties of Merchant Seamen, and Parsons' Maritime Law. An acquaint- ance, by any applicant, with Sprague's Decisions, or Ware's Reports, of Admiralty and Maritime Cases, will be regarded with favorable consideration. If he has received a degree from some reputable college, scientific or professional school, or has otherwise ob- tained an equivalent education, or has been engaged in commerce and trade, or has had experience in maritime employment, or in the civil, naval, or mili- tary service of the United States, the fact should be made evident, as such experience or training will be favorably regarded. Candidates must also be able to CONSULAE CLERKS. 175 read and \^rite with facility the French, or some other modern language besides English; and those who possess in addition a knowledge of the language, with the ability to speak it, of the country where they are to be employed, will be preferred. 348. The compensation provided by „ ■^ -^ '' CompenBation. law for a consular clerk is at the rate of one thousand dollars per annum. Should the candi- date pass a successful examination and receive a com- mission, his compensation will commence with the date of his leaving his place of residence to present himself at the Department of State for examination, if he should be at once appointed. Should an appli- cant for appointment fail to pass the examination, he will receive no compensation. It is to be understood, however, that the approval of his qualifications by the Board will not insure to the candidate immediate appointment, and consequent allowance of compen- sation. His appointment will be in the dis- «■ 1 -r> . T 1 .11 1 Appointment. cretion of the President, and will be governed by the exigencies of the service and his relative merit as ascertained in competitive examina- tion. In the case of a candidate presenting himself for examination in a foreign country, he may be excused from attendance at the Department of State by rendering equivalent probationary service either at the legation of the United States where he -shall be examined, or at such consulate as the minister may indicate. 349. The consular clerk, after receiving dhu in the his appointment, if resident in the Depaxtment. 176 COBTSTJLAK CLEKKS. United States, will be required to pass one month at the Department of State, in daily attendance during the regular office hours, and in the performance of such duties as may be prescribed, for the purpose of becoming familiar with the manner in which official correspondence is conducted and consular accounts are kept. If his behavior during this period proves satis- factory, he will be commissioned and provided with a passport. He will then depart immediately for his post, where he will report himself at the consulate to which he has been assigned for duty. 350. The consular clerk will discharge such clerical and other duties of the con- sulate as may be assigned to him by the principal consular officer, whose instructions in all respects he will be expected carefully to observe and obey. He will diligently occupy himself, when not otherwise employed, in acquiring all the information in his power in relation to the administration of the consular functions, in the study of the language of the country where he may reside, and in acquainting himself with its history, laws, customs, and resources. He will make reports on these subjects to the principal con- sular officer at least once in each year. In such reports the clerk will give especial attention to the lives and characters of the public men of the country of his residence, describing the various measures which may be proposed or advocated in the public councils, recording all prominent incidents of contem- porary history, important judicial trials, public ca- lamities, the outbreak or progress of diseases, and CONSULAR CLEKKS. 177 other affairs which may engage the attention of the community in which he is stationed ; being careful to distinguish what is official, or positively ascertained, from what may be less authentic, in the information he may give, but not neglecting anything that may be interesting, however authenticated, with a due state- ment of the evidence on which it is founded. The military, naval, natural, and industrial resources of the country should be made subjects of constant study and frequent report ; any changes in the strength of army or navy, their organization, discipline, weapons or equipment, the introduction of measures for developing natural advantages, the condition of the industrial arts, and the operation of social reforms, being specially noted. This information will be ex-» pected from consular clerks in addition to the exact statistics relating to exports, imports, the course of exchange, and tariff regulations, which it is required that the principal consular officers should furnish. The reports of the consular clerks thus prepared will be transmitted to the Department by the principal consular officer, together with such other returns or reports as he may direct, so as to enable the Depart- ment to judge of their ability, their improvement in the discharge of consular duties, and their fitness for promotion in the consular service. 351. At the close of each year, in addi- Report. tion to the report which is made to the Department, by the principal consular officer, in respect to all his subordinate officers, such officer will make a detailed statement in regard to- the improve- ment and character of any consular clerk subject to his 23 178 CONSULAR CLERKS. authority, and the manner in which he has discharged the duties assigned to him. 352. At the close of each quarter the Examination. . i i • i-n ■ t n consular clerks m China, Japan, and Turkey will be examined by the interpreter or drago- man, respectively, of the United States Legations in those countries, or by such other competent persons as may be selected by either Legation, in respect to their knowledge and advancement in the study of the Chinese, the Japanese, or of the Arabic languages. The result of such examination must be communicated to the Department of State by the principal consular officer, under whose care and authority such clerks are respectively placed, together with exercises written in ithe Chinese, Japanese, or Arabic characters, and also versions from one or the other of these languages, as the case may be, into English, or the reverse. A similar examination will also be made, under' the direction of the consuls in Europe and Asia, and other parts of the world, of the pupils attached to their re- spective consulates, in the languages of the countries in which they reside. 353. Punctual daily attendance at the consulate during office hours, diligence in the discharge of the consular duties, cheerful obedience to the instructions of consular officers, a courteous bearing towards all persons having business with the consulate, and uprightness of conduct in all respects, will be expected from consular clerks. Disobedience, want of punctuality, neglect of duty, the abuse of their credit in peouniary transactions, or exceptionable moral conduct, will be followed by the revocation of CONSULAR CLERKS. 179 their commissions. Consular clerks possessing the requisite qualifications, and exhibiting an aptitude for the consular service, who have been faithful in the performance of their duties, will, from time to time, be recommended to the President for promotion. Note. — Consular clerks and others, who purpose to enter the consular ser- vice, will read with interest the following extracts from a report, dated Febru- ary 28, 1864, upon the Consular System of France, addressed to Honorable Wil- liam H. Seward, the Secretary of State, by Mr. John Bigelow, late Envoy Ex- traordinary and Minister Plenipotentiary at Paris. CONSULAR PUPILS. The consular body in France is composed of consuls general, consuls of the first and second class, and consular pupils, all appointed by the Emperor on the recommendation of the minister of foreign aflairs. Subaltern agencies ai'e given to vice consuls or consular agents, named some- times by the Emperor, but generally by the consuls general or by the consuls. Consuls general are taken from among consuls of the first class who have served two years in that grade. Consuls of the first class are taken from the consuls of the second cla^ who have served two years in that grade ; and consuls of the second class are chosen from the consular pupils who have served five years in that grade. Sub-directors of the ministry of foreign affairs and first secretaries of legation, after five years' service, are the only other candidates who can aspire to a consu- late general. Chief clerks, redacteurs,i and single and second secretaries of legation, after five years' service, are the only other candidates who may a.spire to a first-class consulate. Principal clerks,, paid attachfe, and consular agents of five years' ser- vice ; diplomatic chancellors, after eight years' service ; consular chancellors, after ten years' service; and first consular and second diplomatic dragomans, after twenty years' service, are the only other candidates who may aspire to a second- class consulate. Three-fifths of all the vacant posts, however, are reserved for the promotion of consuls and consular pupils only. Thus it is arranged that no person enters the consular service except as a con- sular pupil, or through a corresponding apprenticeship in some other department of the foreign service. No one can enter any grade except through these channels, and after a deter- minate period of service depending upon the grade. The number of consular pupils never exceeds fifteen, that number being found sufficient to supply all vacancies as fast as they occur in the French service. 1 The redadeur puts into sbape, under the orders of the director or sub-director, the notes and reports to the Emperor and minister ; the correspondence with the foreign diplomatic and consular agents, with other cabinet officers, and the constituted authorities, such as prefects, chambers of commerce, &c. He also overlooks the receipt, registering, and expediting of despatches. 180 CONSULAR CLEEKS. No one can be accepted as a consular pupil who is less than twenty or more than twenty-five years of age. Those who enter the consular service as attache or secretaries of legation, or clerks in the ministry of foreign affairs, have to commence their career equally early. In this way the government secures their service during the best years of their lives, beginning at a period when they are apt to learn; when they readily adapt themselves to the duties imposed upon them, to the changes of climate and institutions with which they may be brought in contact, and before they have contracted domestic and social relations which it might be necessary, and at the same time difficult or imprudent, to break. A candidate for the office of consular pupil must enclose with his application a certificate of his birth and his diploma as licentiate in km; that is, he must have taken the degree of bachelor of letters and of natural sciences from one of the colleges of France ; he must have followed one of the courses of law three years, and passed four exapiinations satisfactorily on the Eoman law, the French codes dvile, de procedure dUnstruetion eriminelle, penal et de commerce. He must also profess a certain familiarity with international and administrative law. Should his age and other qualifications entitle him to be received as a candi- date, his name is inscribed, and in due time he is subjected to an examination before a special commission named by the minister of foreign affairs every two years for this purpose. This commission is composed of three directors, attached to the department of foreign affairs — the head director of the ministry of agricul- ture, commerce, and public works, a commissioner general of marine, a consul general or a consul of the first class, designated by the minister of foreign affairs. The candidate is first subjected to a written test, which he must pass before he can be admitted to what is termed the oral test. He must write a translation, a theme, and a version in the presence of one of the translators of the department of foreign affairs, which shall show that the candidate knows the English, and either the Spanish or Italian language. He must then write a dissertation upon some one of the leading questions comprised in the programme of examination to which he is afterward to be subjected. The programme upon which he will then be required to undergo an oral examination, if he passes the written test, embraces four series of subjects : consular administration ; the law of nations, positive, general, and conventional ; political economy, and commercial statistics. The oral test requires the candidate also to translate a piece aloud from a foreign tongue after first reading it aloud in the original. The regulations for the examination of consular pupils, as at present in force, were adopted in 1847, and during the ministry of Mr. Guizot. In order to appre- ciate the character of this examination and the standard of accomplishments by which the candidate for a consular career is judged, it is necessary to read the programme in detail, and for that purpose, I have annexed it to this report, with the communication from Mr. Guizot which accompanied it. To show that the standard of qualifications is equally high for those who enter the consular service through the ministry of foreign affairs, I have also annexed ^the programme of examination which every candidate for the grade of attache of legation is required to undergo. It is only after passing this examination, which is quite as rigorous as that prescribed for consular pupUs, and after five years' service as paid attach^, that he can become a candidate for a second-class consulate. CONSTJLAE CLERKS. 181 It will be observed that in both these programmes the candidate is required to possess the ability to write and talk two modern languages correctly, besides his mother tongue. If he knows more than two, it will always be taken into account in estimating his claims to promotion. The knowledge of the French language is universally required by the European powers ; and for all Eastern consulates, a knowledge of the language of the country, or of the Italian, which is accepted by most powers as a substitute, is required in addition. No person can reach a consular position under the French government who is not sufficiently accomplished at the start for any position in the service of his country to which a person of his age might aspire, and who is not besides toler- ably familiar with the entire range of consular duties and responsibilities. No one can get a consul's commission in France without literary training enough for a statesman at that age, and without first having more practical experience in the consular service than most American consuls ever get. And here let me remark that the consular pupil who passes his examination has not yet established any claim to an appointment. He must await a vacancy ; he must be the most available of all the candidates for that vacancy, and mean- while he must serve in the ministry of foreign affairs without compensation, first as " aspirant surnumeraire," from whence he advances to the rank of sumumeraire, from which grade he is appointed "consul eieue" with a salary. The period of sumumeriat may be longer or shorter, according to the capacity of the candidate and the frequency of vacancies. ^ But if a candidate who has passed his examination and become a surnumeraire is not detailed to service before he is 25 years old, he forfeits all chance of an appointment, and his name is stricken from the list of aspirants. When finally commissioned, the consular pupil becomes entitled to a fixed salary of 3,000 francs — say $600 a year — and certain supplementary allowances, varying from 1,000 to 4,000 francs— say $200 to $800— according to the expen- siveness of living at his post. The Congress that remodeled our consular system in 1855 thought well enough of the system of consular pupils to provide for the appointment of a certain num- ber by the Presdent, but no appropriation has ever been made to give it efiect.' A select parliamentary committee appointed in 1858 to inquire into the consu- lar service of Great Britain took a vast amount of testimony in regard to this feature of the French system, and finally recommended it as worthy of adoption.' The witnesses examined before this commission testified almost unanimously to the general superiority of the French over the consuls of other nations in every kind of accomplishment required for their position. ******** 1 Since this report wiis written provision has been made by Congress for the compensation of con- sular clerics. 2 Report from the Select Committee on Consular Service and Appointments, together with the proceedings of the committee, minutes of the evidence, Ac, of July 27, 1868. This committee con- sisted of — Mr. Seymour Fitzgerald, Mr. Wise, Mr. Monckton Milnes, Mr. Bramley Moore, Viscount Palmerston, Mr. Kennard, Mr. Henley, Sir .Tohn Walsh, Mr. ITorsfall, Lord Claude Hamilton, Mr. Wilson, Lord Robert Cecil, Mr. Gregory, Sir Mintar Farquar. 182 COlfSTrLAE OLEEKS. The following are the actual regulations of the English service for admission to consular employ : " Persons selected for the consular service, whenever the circumstance of their being resident in England on their first appointment, or of their passing through England on their way to take up such first appointment, may admit of their being subjected to examination, wUl be expected to satisfy the civil service com- missioners — " 1. That they have a correct knowledge of the English language, so as to be able to express themselves clearly and correctly in writing. " 2. That they can write and speak French correctly and fluently. " 3. That they have a suflicent knowledge of the current language, as far as commerce is concerned, of the post at which they are appointed to reside, to en- able them to communicate directly with the authorities and natives of the place ; a knowledge of the Italian language being taken to meet this requirement, as far any place situated to the east of the Straits of Gibraltar is concerned; and a knowledge of the German language as regards posts within the Baltic, or coim- tries having posts in the Baltic. " A sufficient knowledge of British mercantile and commercial law to enable them to deal with questions arising between British ship-owners, ship-masters, and seamen. As regards this head of examination, candidates, must be prepared to be examined in ' Smith's Compendium of Mercantile Law.' " 5. A sufficient knowledge of arithmetic for the nature of the duties which consuls are required to perform in drawing up commercial tables and reports. As regards this head of examination, candidates must be prepared to be examined in ' Bishop Colenso's Arithmetic' " Moreover, all persons on their first nomination to consulships, and after hav- ing passed their examination before the civil service commissioners, will be required, as far as practicable, to attend for at least three months in the foreign office, in order that they may become acquainted with the forms of business. Limit of age for candidates twenty-five to fifty, both years inclusive." The French regard the pupillary feature as indispensable to their consular sys- tem. Two of the consular pupils in France under pay are always retained in the ministry of foreign affairs. The remaining thirteen are distributed about the world, primarily according to the exigencies of the service, but as far as possible at posts where they will have opportunities of improving most rapidly. In 1863 there was one consular pupil stationed at each of the following posts : London, Warsaw, Genoa, Alexandria, Tunis, Buenos Ayres, New York, Bey- root, Naples, Barcelona, Smyrna, Florence, Tripoli. APPENDIX No. 1 TO THE Report of Mr. Bigelow. No. 77. — Regulation of October 5, 1847, concerning the examination of candidates to the grade Eleve Consul, with the report to the King and documents annexed. REPORT TO THE KING. Sire : — Your government has been occupied for several years past with the duty of putting the consular body in a position to fulfill, in a way the most use- ful to all French interests abroad, the tasks, as diverse as they are important, CONSULAR CLEEKS. 183 which are imposed upon it by its institution. The ordonnanoes of 1833, while they organized all parts of the service in tlieir relations with the depai'tment of foreign affairs and that of the marine, had regulated the conditions of admission and of advancement in the career of consulates in connecting them as much as was compatible with the difference of times which had been determined by the ordonnance of 1781. After twelve years' experience, I felt it incumbent upon me to propose to your majesty, in the course of 1845, to modify, upon a few points only, a state of things which, in its ensenMe, satisfied the needs of the service, while at the same time it gave to the agents themselves the desirable guarantees. The royal ordonnance of the 26th of April, 1845, has maintained the principal rules consecrated by that of the 20th August, 1833, in enlarging the ba.ses of the consulary career, in assur- ing to it the means of recruitment sometimes required by the interests of com- merce, of science, or of politics. The creation of a certain number of consular agencies, which will give access to the consulates of the second class after a ser- vice of five years, will open the career to special men, to a few clever explorers situated without the conditions of the hierarchy, without weakening in any degree tliat hierarchy itself in the principles which constitute it, and which it is import- ant to maintain. In order to give it a still greater stability, and to assure to it all the moral authority which belongs to it, I have proposed to your majesty to decide that a special commission should determine the mode and the matters of examination imposed upon whomsoever aspires to the grade of JEleve Consul, in the terms of the 2d article of the ordonnance of the 26th April, 1845. The project of regula- tion prepared by that commission, which was called to receive the royal sanction, I now submit to your majesty's approbation. The commission, composed of members of both chambers, and of the principal superiors of the departments of foreign affairs, of the marine, and of commerce, has accomplished, with a conscientious care, the task which was confided to it. Mr. Le Baron de Bussierfe, your minister at the court of the Netherlands, upon whom I had conferred the functions of president of the same, has embodied, in a report which I have the honor of putting under the king's eyes, the result of the labor to which the commission has devoted itself. The project drawn up by it satisfied all the requirements, and by the specialty of its details, as much as by the precision of tlie questions, it escapes, I think, the disapprobation which the programme previously drawn up for the use of my department might have incurred.. The study of the subjects indicated therein • will prepare the consular student with efiiciency for a career which requires %» variety of knowledge corresponding to the diversity of its duties. The care which the commission has taken to retrench all theoretical questions havingAo immediate application to the exercise of the consulary functions, guaradrees moreover, that this programme shall not exceed the ordinary measure of mtelli- gence to be found in young men of from 22 to 25 years of age, already pwvided with the degrees of bachelor of letters and of physical sciences, and of licentiate at law. While the subjects of the examination have been happily dgrermined, other measures have given to the examining jury a consistency and afbtability in which, up to the present time, it was heretofore wanting, and its coMosition will henceforth offer to the government, as well as to the aspirants t;|lemselves, the surest guarantees. £ 184 CONSTJLAE CLERKS. I pray your majesty to be pleased to sanction with your approbation the pro- iect of regulation which I have the honor to submit to you. GUIZOT. Eegulations op October 5, 1847. ' 1. the undersigned, Secretary of State of the Department of Foreign Affairs, in pursuance of the 2d article of the royal ordonnance of the 26th April, 1845, thus expressed : " No one shall be nominated to the grade of Eleoe ConsvZ unless he has attained the age of 21 years, and does not exceed the age of 25 ; unless he is a licentiate at law, and has been judged admissible by a special commission. " The composition of that commission, the mode and the conditions of the examination, shall be determined by a regulation which our Secretary of State of the Department of Foreign Affairs shall submit to our approbation." Wishing to provide for the execution of this provision, I have decreed and I do decree as follows : Aet. 1. The epoch of examinations prescribed for admission into the consulary career, and the number of candidates who can be declared admissible in proportion to the needs of the service, shall be determined every two years by a decree enacted by me. The list of the Eleves Consuls remains fixed at fifteen, and three-fifths of the vacant posts in the consulates of the second class shall be given to the Mleoes ConsvXs, in conformity with the language of the 5th article of the above-cited ordonnance. 2. The aspirants to the grade of Elae Consul will transmit, with the letter by which they make known to us their intention of presenting themselves at the examination, their certificate of birth and the diploma of licentiate at law. On and after the 1st November, 1849, the candidate must annex to that diploma that of bachelor of physical sciences. The application for admission, and the documents in support of it, will remain deposited at the commercial direction of our department. 3. The commission of examination will be composed of the directors of poKti.- cal works, of commercial affairs, and of the archives and chanceries of the depart- ment of foreign affairs ; of the director of foreign commerce at the ministry of agriculture and of commerce ; of a general commissary of the marine, or of a commissary of the first class, appointed by the Secretary of State, of the marine and of the colonies ; and of a consul general, or consul of the first class appointed by me. 4. The examination will take place in conformity with the programme which is annexed to the present decree.' It will be composed of a written test and an oral one. No one will be admitted to the oral before having been declared admissible to the written test. The written test consists of a dissertation upon one or several of the principal questions comprised in the programme, and in an exercise of translation showing that the candidate possesses the English language, and either the Italian or the Spanish language. He shall make a written version and a theme in presence of the board of translators appointed for that purpose. 1 See programme infra, p. 28. CONSULAR CLERKS. 185 The knowledge which candidates may possess of one or several of the other living languages will be placed to their account. The oral test will bear upon every part of the programme, and will comprise the translation of a piece written in a foreign language after the reading of the original in a loud voice. GUIZOT. Approved: LOUIS PHILIPPE. Extract from a Report addreaaed to the Miniater of Foreign Affaira hy the Commiaaion charged to prepare the regulation and the programme for the examination of the " Elecea Oonaula." Mb. Minister : The article of the ordonnance of April 26, 1845, concerning the consulary organization, is thus expressed: "No one shall be nominated ' Eleoe Consul' unless he has attained the age of twenty-one years, and does not exceed twenty-five, unless he is a licentiate at law, and has heen judged admissible by a special commission. "The composition of this commission, the mode and the conditions of the examination, shall be determined by a regulation that our Secretary of State of the Department of Foreign Afiairs will submit to our approbation." The execution of this last paragraph raised numerous and delicate questions. You have referred the subject to a special commission, which you have at the same time charged to propose to you a project of regulation. I have the honor of submitting to you to-day the result of the labors of that commission, and I hope that the result to which it has arrived will obtain your sanction, since all have equally for their object to augment the guarantees of capacity which the administration should be able to obtain in every selection which it makes. It is impossible to misunderstand the insufficiency of the tests to which the candidates to the grade " Eleve Consul" have till lately been subjected. The com- mission has endeavored to substitute therefor a programme of examination better suited to the general state of the studies which are requisite for the consulary service. The ancient programme required at once too much and not enough. It imposed upon the candidates, if I may be allowed to say so, a real luxury of learning ; but at the same time it passed too lightly over those practical branches of knowledge which makes the agent capable and the functionary useful. The essential notions of political economy, the study of tariffs and of treaties of com- merce, that of individual questions, occupied hardly a place among the condi- tions, excellent as these were, which each aspirant was to fulfill. We have; thought, Mr. Minister, that, on the Icontrary, it would be proper to place in th* first rank these special and positive branches of knowledge ; for it is these which will truly make the consulary body that which it ought to be in every part of Ine globe — the vigilant and enlightened guardian of our commercial, industrial/ind maritime interests. It is, then, on this head that it has appeared to us that the new programme should be chiefly severe. We have, moreover, endeavffed to establish a due proportion between the diverse elements of which it is coinposed, and not to exclude any of those which should essentially co-operate iythe pre- paration of candidates, 24 1 186 CONSTJLAB, CLEKKS. In placing in the number of the conditions of admission the production of the diploma of licentiate at law, the ordonnanee of April 26, 1845, has permitted us to acquit the candidates of examination anew upon that part of their general studies. We have consequently left the law, and even the commercial law, out of the programme; but at the same time we have taken into consideration that there are few young men who are provided with the diploma of licentiate before their twenty-second year ; and as that same ordonnanee fixes at twenty-five years the age beyond which every nomination of the " Eleve Consul' ceases to be pos- sible, it has appeared necessary to us that the special studies of which the candi- date must give evidence should readily find their place between these two limits, which were indicated to us beforehand. The proportions of the list thus determined, we have carefully sought that which it was indispensable to admit into it. The title of each one of the chap- ters of which the programme which I have the honor of presenting to your excel- lency is composed, indicates sufficiently the object which the commission has proposed to itself, and the motives which have guided it. It has thought it might require, in the first place, that every candidate should possess a knowledge of two foreign languages, viz. : 1. English ; 2. Italian or Spanish. Not to make of the special study of the English anobUgatory condition, would be to forget the importance of the .part which it now performs in all com- mercial relations. The English language may, besides, serve as an introduction to aU the languages of the Germanic origin ; and although it is assuredly the least rich among them, it facilitates remarkably the study of the same. As to the languages of Latin origin, we think that, in the point of view of practical utility, the Italian and the Spanish may be placed in the same line. The candi- dates should be examined, at their choice, on the one or the other. In case they understand, moreover, some other living language, we think that it will be just to place that knowledge to their account. The commission has judged it to be necessary, in the second place, to give in the programme a considerable place to all that concerns the consulary institution and its object, the organization of the consulates, the attributes, duties, and func- tions of the consuls, their relations with foreign governments, their relations with the militaiy marine and the merchant marine, &c. It would be superfluous to explain and to justify in this respect the views of the commission. It has, in like manner, thought that a considerable part of the examination should bear on the rights of nations, and on the complete study of the principles consecrated, either by general treaties, or by special conventions of navigation and of commerce. These important questions form the subject-matter of title III. of the pro- gramme. Title IV. forms the fundamental notions of political economy. Your excel- lency will judge, without doubt, that in spite of the care we have taken to keep ourselves, in that respect, within the sphere of general ideas, we have reached, or nearly so, the limit of the requirements to which young minds may be reasonably subjected. The elements of commercial statistics form all the matter of title V. We had for a moment thought of inserting in that part of the programme a complete series of questions which would have imposed upon candidates an acquaintance with certain technological knowledge. We could not forget, in fact, how impw-t- CONSUL AE CLEEKS. 187 ant it was that a consulary agent should be able to understand the diverse systems of fabrication, and to appreciate, at least in their results, new discoveries or the progress of industry and of mechanic arts. "We feared, however, to overload the programme, and to complicate the task of examiners and of candidates, especially when it was possible for us to attain the proposed end by another way ; and we confined ourselves to requiring that on and after November 1, 1849, the aspirants should annex to the diploma of licentiate at law that of bachelor of physical sciences. It is a condition that the greater part among them would be probably able to fulfill after the present time. We have wished to render it obligatory, in order to assure a sufficient satisfaction to the special interest which I- have just indicated. Such is, Mr. Minister, the ensemble of the programme that we have resolved to submit to your approbation. A work of the kind, moreover, should await its completion from practice, and its perfection from the application itself. It is to the examiners that it pertains truly to do what ought to be done, to soften its exigencies where it may be severe, to extend its sense and bearing where 'it may appear vague and defective. It remains for us now to occupy your attention with the determination to which the commission has arrived in regard to the form of the examination. The project of regulation which I have the honor of submitting to you has been carefully considered ; it is with unanimity that it proposes to you its adoption. As respects the method of examination, we have thought that each examina- tion should be composed of a written test and an oral test, and that no one should be admitted to the oral test if the written test had not previously given satisfac- tory results. The written test should be composed of a dissertation upon one or several of the questions comprised in the programme, and of a double exercise of translation in each one of the two foreign languages which the candidate should understand. It may be of interest to compare with the American and French regulations, those for the examination of candidates for consular appointments in the British consular service, approved by the Earl of Clarendon, January 1, 1856 : Persons selected for the consular service — whenever the circumstance of their being resident in England on their first appointment, or of their passing through England on their way to take up such first appointment, may admit of their being subjected to examination — will be expected to satisfy the civil service com- missioners — 1st. That they have a correct knowledge of the English language so as to be able to express themselves clearly and correctly in writing. 2d. That they can write and speak French correctly and fluently. 3d. That they have a sufficient knowledge of the current language, as far as/ commerce is concerned, of the post at which they are appointed to reside, to ( able them to communicate directly with the authorities and natives of the place-j knowledge of the Italian language being taken to meet this requirement as J any place situated to the east of the Straits of Gibraltar is concerned ; and a 1 ledge of the German language as regards posts within the Baltic, or corftries having posts in the Baltic. 4th. A sufficient knowledge of British mercantile and commercial \si to en- 188 CONSULAR CLERKS. able them to deal with questions arising between British ship-owners, ship-masters, and seamen. As regards this head of examination, candidates must be prepared to be examined in " Smith's Compendium of Mercantile Law." 5th. A sufficient knowledge of arithmetic for the nature of the duties which consuls are required to perform in drawing up commercial tables and reports. As regards this head of examination, candidates must be prepared to be examined in "Bishop Colenso's Arithmetic." Moreover, all persons on their first nomination to consulships, and after having passed their examination before the civil service commissioners, wiU be required, as far as practicable, to attend for at least three months in the foreign office, in order that they may become acquainted with the forms of business as carried on there. Limit of age for candidates, 25 to 50, both years inclusive. Consular clerks and others, entering the consular service, will find it a pro- fitable exercise to study with care the general programme of examination for the candidates to the grade of " Eleve Consul" in France, which will be found in the " Regulations prescribed by the President in regard to the appointment, compensation, and duties of Consular Clerks," issued by Honorable William H. Seward, Secretary of State, 1864. For the study of matters to which the programme refers, candidates and appli- cants for consular appointments cannot do better than consult " Le Formnlaire des Chancelleries, par M. Alexander de Clercy," Paris, 1853. They are also referred to Halleck's International Law, chapter x., on " Consuls and Commercial Agents ;" Wheaton's Elements of International Law, and the notes relating to Consuls, pp. 224-230 ; 423-437 ; Kent's Commentary on Inter- national Law, edited by J. F. Abdy, LL.D., Cambridge, England, 1866, pp. 129- 162 ; The British Ship-owner's and Master Mariner's Practical Guide in all their Consular Transactions, by E. W. A. Tieson, 1858. G. J. A. CHAPTEE XIX. FOEMALITIES TO BE OBSERVED BY A CONSUL GENERAL OR CONSUL, AFTER HIS ARRIVAL AT HIS POST. 354. After the arrival of a consul general or consul at his post, he is re- t^^°™riv^ to quired to give information thereof to the be given by a United States legation, if there be one ^Oieie ation' accredited to the government of the coun- try in which his consulate is situated, and he should also inform the Department of State of the exact date of his arrival, and readiness to enter on his duties, in order that his transit and compensation accounts may be properly adjusted. 355. It is the practice of the Depart- Exequatur, ment to send the consular commission to ^^o^ obtained, the legation, with instructions to the diplomatic agent to apply for an exequatur, so that the consul general or consul may be officially recognized, and enabled to discharge without interruption his con- sular duties. If there be no legation of ^^ the^e^^^ua- the United States in the country, the tur, pubUcation commission will be sent to the consul ^^° himself, who should, without delay, trans- mit it to the proper department, and request an exe- quatur. In either case, he will inform, in respectful terms, the authorities of the port or district to which he is sent of his appointment; and if he can obtain 189 190 rOKMAUflES TO BE OBSERVED BY A CONSUL their consent to his acting as commercial agent until the receipt of his exequatur, he is authorized so to do. As soon as his exequatur is received, notice of it should be made public in the manner usual in the country". 356. His commission and exequatur Privileges ax^ . . . corded by a Will enable him to exercise and enjoy all consular exe- ^^le rights, exemptions, privileges, and powers to the same appertaining, and such as are usually granted to consuls in the country in which the consulate is situated; and he should seek for none other without authority from the De- partment of State. 357. Halving obtained either his exe- AppUcation for . „ • • j. j. archives to be ^li^^tii^! 0^ permission to act as commer- made, and in- cial agent, he must then apply to the per- quired°^^ '^ ^^^ having charge of the consular seal and the archives of the consulate, for their delivery to him ; and having made an inventory, jointly with his predecessor if present, of the papers, books, and other effects, he must transmit a copy of such inventory, properly dated, signed by both parties, or, in the absence of his predecessor, by himself, to the Department. He will likewise transmit, both to the Secretary of State and to the Secretary of the Treasury, a certificate, also dated, of this fact (Form No. 134), to be executed jointly by himself and the butgoing consular officer, if present; he may then take charge of the seal, archives, and effects of the consulate. Disposition of 358. If there are any public funds in public funds. the' hands of his predecessor, he will take AFTER HIS AEEIVAIi AT HIS POST. 191 charge of them, unless they are the proceeds of the effects of an American citizen who died intestate more than a year previous, and which, according to section two of the act of April 14, 1792,^ should have been remitted to the Treasury of the United States ; in which case the consul who received the same should make the remittance. 359. Having entered upon the duties pubUe notice of his office, the consul must immediately '° ^® s'^™- give notice thereof to the Department of State, to the minister of the United States in the country in which he is appointed, and to the consuls of, the United States residing in the same country, and the consuls of other countries in the neighbor- ing ports. 360. The arms of the United States should be placed over the entrance of the reg^d truni^ consulate, if permitted by the laws of the ted states arms country ; and, wherever such custom pre- "' vails, the national flag should be hoisted daily for his protection, and as the emblem of his authority. The flag is to be unfurled on the national holidays of the United States, on days of public rejoicing in commemo- ration of great events, and on public anniversaries and festivals of the country wherein the consulate is situated. It is to be raised and lowered according to custom as a salute on proper occasions, and kept one day at half-mast upon the death of any high public officer at home, American ship-master at the port, or distinguished individual within the district or country where the consular officer resides. ' Statutes at Large, vol. i. 255. 192 FOKMALITIES TO BE OBSERVED BY A CONSUL 361. It is his duty immediately to be- Knowiedge of ^^^^ conversant with all treaties and con- treaties, con- ventions, tar- ventions existing between the United iffl, etc., re- g^g^^gg ^^^ q^q country wherein he resides, quired. •' and especially with their respective tariffs and all enactments relating to trade; also with the municipal laws and local regulations, and, as far as possible, with the language, history, statutes, manners, and customs of the country in which his consulate is situated. Absence for- 362. No consular officer must be absent bidden. from his post, or the performance of his duties, for a longer period than ten days at any one time, without the permission previously obtained of the President, through the medium of the Department of State ; and no compensation is allowed for the time of any such absence, except in cases of sickness, and where permission has been granted through an appli- cation to the Department of State.^ Whenever a con- sular officer makes application to the Department for leave of absence, he should, at the same time, state the name of the individual whom he nominates as vice consul during his proposed absence ; the name of this individual must have first been presented to the minister of the United States and received his sanc- tion. After having obtained leave from the Depart- ment, the consular officer must apprise the legation of the United States of that fact, and also of the day of his departure from his post. 363. Serious inconvenience and even detriment to 1 Statutes of the United States, vol. xi. p. 56 ; Opinion of Attorney General Black, MS., Sept. 21, 1857. AFTER HIS ARRIVAL AT HIS POST. 193 the public welfare having been experienced by the violation of law in the leaving of their posts of duty, by some consular officers, either without permission previously obtained, or in anticipation of such per- mission, notice has been given by the Departpaent of State that, in future, such acts will be sure to be stigmatized with the displeasure of the Department. 364. The frequency with which leaves of absence are requested, and sometimes taken without being asked for, makes it indispensable to inform all consular officers of the United States that no leave of absence will be granted unless satisfactory reasons of a public nature shall be given therefor ; and the instruction is again repeated, by direction of the President, that officers who shall absent themselves from their posts without permission previously obtained, must expect to incur the serious displeasure of the President.^ 365. Every consular officer is required „ _ •' ^ -"^ _ _ Office hours to have his office in as central a position and location of as can be conveniently procured, and to °®'^®" keep it open daily during the usual business hours of the place — Sundays, holidays, and anniversaries excepted. The convenience of American travelers, merchants, and others, having business with a consular officer, will be consulted if a notice of the location of his office is posted in the principal hotels, the exchange and other appropriate public places of the city or town where he resides. 1 See Circulars of the Secretary of State, Nos. 43 and 46, dated respectively November 28, 1863, and February 6, 1864; and also Circular to the Diplomatic and Consular Agents of the United States, dated September 19, 1865. 25 194 FOKMALITIES TO BE OBSERVED BY A COlirSUL. 366. Consular officers, especially in important com- mercial and manufacturing districts, are not per- mitted to have their offices in the counting-rooms or places of business of merchants, manufacturers, agents, solicitors, or "brokers ; nor must the appro- priate business of the consular officer be neglected by him and left to be performed by such merchants, or other individuals, or their respective clerks, so that the contents of invoices, which, in all cases, are to be regarded as strictly confidential, become known to interested parties, to the serious injury of the persons to whom such invoices properly belong ; none but duly appointed officers, approved by the Department, must be permitted to have access to the consular papers, or to affix to any certificate, declaration or other official paper the consular seal.'^ 367. The offices of consular officers of the first class, named in Schedule B, who are not permitted to engage in private business, must not only be in a central and respectable location, but must also be used exclusively for the business of the consular office. Any violation of this regulation sub- jects the officer to the loss of the allowance for rent, which the President, through the medium of the Department of State, is authorized to permit, when- ever he shall think there is sufficient reason therefor.^ 1 Circular of the Department of State, No. 48, March 8, 1864. ' Statutes at Large, vol. xi. p. 60. CHAPTEE XX. INSTETJCTIONS EESPECTING THE CORRESPONDENCE OP A CON- SULAR OFFICER WITH THE DEPARTMENT OF STATE. 368. All communications addressed to gtyie of consu- the Department, as well as enqlosures, lar despatches, must be written on cap paper on whole sheets, in a fair, round hand, leaving an inch margin on each side of the page, and the distance between the written lines must correspond with that of the ink lines which are sent to every consular officer with the notice of his appointment (Form No. 135). Consuls Agent's des- will instruct their agents to observe the patches. same form. 369. Despatches to the Department must be consecutively numbered, both at be numbered, the top of the first page and on the en- ^nd confined to 1 . . • 1 1 /. n °°^ subject. dorsement, beginning with the first des- patch of the consul after receiving notice of his ap- pointment, and continuing in order until he retires from office. Each despatch is, as far as possible, to be confined to one subject. In transmitting enclosures in despatches, the contents of those enclosures are to be briefly stated in the body of the despatch, and attention is to be directed to such points contained in them as may appear to be particularly deserving of notice ; this regulation should be carefully observed. The despatches addressed to different Departments, 195 196 INSTKTJCTIONS KESPECTING COERESPONDEIfCE or to the Fifth Auditor, or Comptroller, must be re- garded as forming distinct and separate series, each of which is to be numbered consecutively. 370. In transmitting copies of corres- Economy in . postage and poudeuce with despatches, consuls are paper. requested to use half sheets of paper in all cases where they will suffice to contain the text of the note to be copied. This will save unnecessary waste of paper, and largely diminish foreign postage. Arrangementof ^'^^- ^^mo consular officers adopt the enclosures. inconvonient practice of arranging their accompaniments in two series — the one, of notes written to, the other, of notes written by, them, each class being quite distinct from the other. In annex- ing such copies to a despatch, consuls are requested to arrange and letter or number them in proper sequence, so that the reply will follow the note. „ , , 372. It is also desirable that separate beparate . des- -"^ patches for dis- despatches be written upon distinct sub- tinct mibjects. j^^^g^ ^^^ ^^^^ neither the marginal notes and endorsements required by the printed instructions, nor the numbering of the despatches in consecutive order be overlooked.^ 373. When consuls write upon any subject upon which they have previously written, the convenience of the Department will be promoted by a reference to the number of such previous despatches. 374. Should such enclosures be in any Enclosures ^" j. . , a foreign Ian- loreigu language, exact copies of the guage to be originals are to be forwarded, and also translated. , . translations of them if convenient. ' Circular of Secretary of State, No. 33. WITH THE DEPAETMENT OF STATE. 197 375. Wherever it is mentioned in a Enclosures to despatclj that a paper is enclosed, a line ^® numbered, is to be made in the margin (thus, ^^), and above such line is to be placed the number corresponding to the number of the enclosure. 376. Each series of enclosures is to be numbered anew in each despatch, commencing with No. 1 ; and when there are more enclosures than one in a des- patch, each enclosure is to be numbered in the order in which it is to be read. 377. When printed papers are sent as panted encio- enclosures in despatches, two copies, if sures. they can be conveniently obtained, should be for- warded ; when these enclosures relate to regulations of trade or changes in tariffs, two copies at least should always be sent. 378. All despatches, and the enclosures. Endorsements are to be endorsed according to the pre- upon d e s - scribed forms (No. 5 and No. 6) . The en- P'^'^''^^ ^""^ e"" closures. dorsement of the despatch must state the place where, and the time when it was written, in the first line ; the name of the writer in the second ; the number of the despatch in the third ; the number of its enclosures, if any, in the fourth ; the word " Re- ceived " in the fifth, with a blank after it for the date of the day on which the said despatch shall be received ; and in the sixth and following lines, a short abstract of its contents. The endorsement of the enclosure must state what the enclosure is (whether it be a letter or any other document), its date and its number ; and it must also contain a reference to the number of the despatch in which it is transmitted. 198 INSTEXJCXIOlSrS eespecting corkespondence Despatches to ^79. The divisioii of the contents of a be divided into despatch into paragraphs, each ^treating cordS^^to 'bX ^^ * separate branch of the subject thereof, divisions of SO far as classification may be convenient, ^" ^™ ■ and analysis, by marginal annotation, of each paragraph, naturally facilitate the proper dis- position of consular communications, and the more prompt attention to the requests of consular officers. The marginal notes should invariably be placed upon the outer side of the paper. Instructions re- 380. In making copies of correspond- specting copies, ence, the blank space on a leaf at the end of one communication should not be used to commence another. Each document should be on its own sheet, or, if brief, on its own half sheet. Folding and ^^^- AH despatches are to be folded like sealing of des- thoso Sent from this Department. Gum, patches, ■•• /. j. j. t ^ sealing-wax, or waters are not to be put upon the despatches or the enclosures, but only on the envelopes which cover them. Whenever despatches are to be transmitted through regions in or near the torrid zone, sealing-wax is not to be used. Envelopes containing consular despatches are to be addressed in a manner similar to Form No. 7. Despatches not 382. Despatches are never to be ante- to be antedated, (jated ; aud whou rctums which are ordered to be transmitted " quarterly," " half-yearly," or " an- nually," cannot be completed on the last day of the quarter, half-year, or year, as the case may be, for want of sufficient information on that date, or for any other adequate reason, the returns are to be made up to that date as soon as practicable thereafter. WITH THE DEPARTMENT OF STATE. 199 383. Returns ordered to be sent "quar- ^^^^ ^.^j^j,^ terly" are to be made up to the 31st of are to be made March-; 30th of June, 30th of September, "^' and 31st of December. Those ordered to be made up half-yearly are to be made up to the 30th of June and 31st of December; and those ordered to be "an- nually transmitted" are to be made up to the 31st of December. 384. Returns ordered by special instruc- Mode of trans- tion, or enactment, or by different sections mittingreiams. of the General Instructions, are to be sent as enclosures in distinct despatches, each despatch relating solely to the return as ordered to be made in such instruction, enactment, or section. 385. A return must be rendered on the Annual return. 31st of December of each year, or as soon after as possible, of the number and dates of the des- patches written during the year, with a brief analysis of each, and transmitted by the earliest conveyance, and, if practicable, before the consul writes any des- patches in the ensuing year. 386. A consular officer will hold corres- ^^ . ^ Omcers with pondence on official or public matters, in- whom consular dependently of that which his official duties °®"^''' *f *° , , . correspond. require him to conduct with the local au- thorities and individuals of the place where he resides, and officers or others employed in our commercial marine, only with the Secretary and Assistant Secre- tary of State, the Secretary of the Treasury, the Comp- troller, the Fifth Auditor, the Register of the Treasury, District Attorneys of the United States, the United States legation in the country where he resides, other 200 INSTEUCTIONS EESPECTING CORKESPONDENCE consular officers, and with naval or military officers in the service of the United States who may be employed in the neighborhood, and to whom it may be necessary to communicate immediately any event of public in- terest, and with collectors of customs and officers em- ployed by the Treasury Department. 387. Consuls are provided by the De- Forms for com- _ _ /■ 1 • merciai returns partment with printed forms, for their and statement guidance in making the customary com- of fees. a V mercial and other returns and statement of fees whenever it is practicable. 388. Consular officers are required by the Depart- ment to avoid unnecessary expenditures for postage by the study and observance of the postal regulations of the countries in whkfe they reside. The use of light paper in formal returns, the limitation of their size, the shipment by sailing vessel of reports that can bide delay, the excision of blank half sheets from short en- closures, are suggested as means to this end ; and, as contributing to the same general object, consular letters to appraisers may be enclosed in despatches to the De- partment, or sent for transmission to the despatch agents. Despatches of consular oncers resident in Grreat Britain and on the Continent are often sent by them in the mail directly to the Department, at much ex- pense of postage, instead of being transmitted to the despatch agents, in order to be forwarded by them without expense in the despatch bags. To avoid or lessen the expense of postage all printed matter should be transmitted in wrappers, with the ends open, or enclosed in such form as may be pre- "WITH THE DEPAKTMENT OF STATE. 201 scribed for printed matter by the postal regulations of the country whence they are sent. 389. Whenever tabular statements are sent to the Department, such as returns of fees, amounts of in- voices, &c., the columns of figures should always be summed up. All forms and reports required by the consular regulations should have all the blanks properly filled ; the name of the place, the period of time covered by the return, and the signature of the consular officer, should in no case be omitted ; all these papers should be properly endorsed. 390. Care should be taken to acquaint the Depart- ment with the names of all American citizens dying within any consulate, the date of decease, and the cir- cumstances of the case. All changes by death, resigna- tion, or removal of subordinate consular officers, especially consular agents, should be promptly re- ported. 391. Consular officers, as required by the regula- tions, will endorse each despatch and its enclosures with a compendious statement of their respective con- tents, taking care, also, not to omit the marginal notes. The name of the consulate, and the number of the despatch to which it is an accompaniment, should be endorsed on every enclosure. The word "received" may be omitted in the endorsement of a despatch, and written on the top of the first page, at the left-hand corner. The number of the despatch should also be written at the top of the first page, near the middle. 392. The convenience of the Department will be promoted by the transmission to it of the Annual Register, Almanac, or any other volume or pamphlet, 26 202 INSTETJCTIONS EESPECTING COKKESPONDENCE containing the names of the officers, both civil and military, of the place or district in which the consular office is situated. 393. Consuls should never omit to transmit to this Department, immediately after the close of each quarter, the return of arrivals and departures of American vessels. If there has been no arrival or departure of an American vessel, that fact should be reported. Delay in the transmission of these returns subjects the Department to serious inconvenience, and the consul to the danger of being reported to Congress for re- missness. 394. Especial care, also, should be taken in the preparation, arrangement, and punctual transmission of the recapitulation, in the manner described in Circular No. 41. An omission to do so may hereafter lead to its return, and to the non-payment of the accounts for compensation of the offending consul, until it is received in proper form. 395. Consuls are requested, in all cases, to acknow- ledge the receipt of any books, flags, arms, stationery, or other articles, which may from time to time be sent to them from the Department of State. 396. Consular officers are requested to transmit regularly to the United States general appraisers' offices in New York, Boston, and San Francisco, and to the collector of customs at Portland, Maine, as often as they are printed, reports of sales or prices current of such products or merchandise as are ex- ported to the United States from their consular dis- tricts; trade lists of prices of various kinds of mer- chandise are desired, especially of cigars, sugars, teas, WITH THE DEPARTMENT OF STATE. 203 silks, wines, &c., &c., &c. To avoid or lessen the expense of postage, they should be transmitted in wrappers, with the ends open, or enclosed in such form as may be prescribed for printed matter by the postal regulations of the country whence they are sent. In the same manner consular officers will transmit to this Department and to the Comptroller of the Trea- sury, under separate envelopes, as often as once a month, the printed rates of exchange.^ 397. The convenience of the Depart- instructions to ment will be greatly promoted by a care- ^ observed. ful attention on the part of all consular officers to the foregoing instructions, and a strict compliance with them will be expected. • Circulais'bif the Secretary of State, No. 48 and 57, dated, respectively, Sep- tember 6, 1864, and January 16, 1866. CHAPTER XXI. COMPENSATION OF CONSULAR OFFICEES. 398. It is provided by the third section Compensation ^^ ^^^ ^^^ regulating the diplomatic and of consular of- o o x fleers named ia consular systems of the United States,^ ^nd^c"^^^ ^ ^^^^ consuls general, consuls, and com- mercial agents, appointed to the ports and places specified in Schedules B and C of the same section of the act, shall be entitled to compensation for their services, respectively, at the rates per annum therein specified. It is further provided that if the President shall think proper to appoint a consul to any port or place named in the said Schedules B and C for a commercial agent, instead of said commer- cial agent, or vice versa, and an appointment shall be made accordingly, the compensation for such consular officer (without regard to title) shall be the same in any such case as that fixed for such port or place in the schedule embracing the same ; and if he shall think the public interests will be subserved by ap- pointing to any such port or place a consul general instead of a consul or commercial agent, and an ap- pointment shall be made accordingly, the compensa- ' Statutes at Large, vol. xi. p. 73. 204 COMPENSATION OF CONSTTLAE OFFICERS. 205 tion for such consul general shall be the same as that fixed for such port or place in the schedule embracing the same.^ _ 399. It is provided by the fourth sec- compensation tion of the same act, that consuls general, of consular offi- consuls, and commercial agents, not em- '^^f ^^° *'"'! ' ° ' not embraced braced in Schedules B and C, shall be in Schedules b entitled, as compensation for their ser- ^'"^'^" vices, to such fees as they may collect in pursuance of the provisions of this act respectively.^ 400. The con^pensation provided by the section above mentioned is subject to the limitations and pro- visions imposed by the third section of the act of July 25, 1866, making appropriation for the diplo- matic and consular service of the United States for the year ending June 30, 1867.* 401. The eighth section of the same act "^i^f" compen- provides that no consul general, consul, '^ence^^niZ'- commercial agent, or consular pupil,* re- minates. spectively, appointed to any such office after the said act shall take effect, shall be entitled to compensation for his services therein except from the time when he shall reach his post and enter upon his official duties to the time when he shall cease to hold such office, and for such time as he shall be actually 1 See Schedules B and C of the diplomatic and consular act for the compensa- tion provided for the several consulates of the United States, Statutes at Large, vol. xi. pp. 52, 54 ; also the act of August 2, 1861, Statutes at Large, vol. xii. p. 285 ; also act of February 4, 1862 ; see copies of these acts in the latter part of this volume. 2 Statues at Large, vol. xi. p. 55. ' Session Statutes, Ist Session Thirty-ninth Congress, p. 226. * The provision relating to the appointment of consular pupils has been re- pealed. Statutes at Large, vol. zi. p. 160. 206 COMPENSATION OF CONSULAR OFFICEIIS. and necessarily occupied in receiving his instructions, Transit com- not to exceed thifity days, and in making pensation. ^j^g transit between the place of his resi- dence when appointed and his post of duty at the commencement and termination of the period of his official service, for which he shall in all cases be allowed and paid, unless such consul general, consul, commercial agent, or consular pupil shall have re- signed, or been recalled therefrom for any malfeasance in his office, in which case no such officer as is referred to in this section shall be allowed compensation for the time so occupied in such transit at the termination of the period of his official service. 402. The proper construction of the last clause of the section above mentioned has been deternained by the Attorney General of the United States, to whom the question was referred for his official opinion. 403. He stated that " A doubt has also torney "oenerai ^riseu about the meaning of the last clause as to transit in the eighth section of the act of 1856. compensation. « iiii it n 'i A consul shall not be allowed compensa- tion for the time occupied in coming home ' if he shall have resigned or been recalled therefrom for any mal- feasance in office.^ Do the words underscored qualify the word ' resigned'' as well as ^ recalled f I think they do very plainly. The grammatical connection of the whole sentence is such that you cannot separate its parts without violence. A consul cannot be relieved from the duties of his office except by a resignation or recall. If they be terminated in either of these ways, but without any official guilt or delinquency, he may get what the law says a meritorious officer shall have, COMPENSATIOlir OF CONSULAE OFFICERS. 207 namely, his full pay, to be counted down to the time when he reaches his own residence. But if he violates his obligations to the public in such a manner that the government on that account is obliged to recall him, or if he resigns merely to escape a recall which he is conscious of deserving, then he shall suffer the penalty of coming home at his own expense. I do not believe that Congress ever had the least intention to make the mere resignation of office a penal offence."^ 404. The compensation of salaried con- instruction sular officers while receiving instructions, compensation. who are in the United States at the time of their ap- pointment, under the general rule adopted by the Treasury Department, commences with the date of the consular commission, and continues, during the time " actually and necessarily occupied in receiving in-, structions, not exceeding thirty days." This " time" is determined by the Department of State, and not unfrequently the whole period of thirty days is not required. This rule, however, is subject to the limita- tions suggested by the Attorney General in section three hundred and thirty-one. 405. At the expiration of this period, cessation of or on the receipt of his passport, the com- compensation. pensation of a consul ceases until he takes his depar- ture for his post. 406. Any unnecessary delay in making May jn tran- the transit, either to or from his post, ^*- must be explained to the satisfaction of the Depart- ment of State ; and for the time so occupied no charge must be made by a consul in his transit account. 1 See Opinion of Hon. J. S. Black, September 21, 1857, MS. 208 COMPENSATION OF CONSULAR OFFICEES. 407. If a consul is detained by sickness, evidence- of this fact, with the certificate of the attending physician, must be furnished. 408. On the consul's arrival at his post of duty, his compensation ceases until he obtains his exequatur, unless, having received permission from the local au- thorities, he actually enters upon the discharge of his official duties, or has manifested his readiness to do so, and has so reported this fact to the Department of State.^ _ . ,. , 409. Ko person holding the office of Termination of . the consular cousul general, consul, or commercial °*^'*' agent, is deemed to hold any such office after his successor shall be appointed and actually enter upon the duties of his office at his post of duty, nor after his official residence at such post shall have terminated if not so relieved. 410. No compensation, by fees or other- No compensa- -^ "' tion allowed to wisc, is allowod to any consul general, consular officer^ cousul, OT Commercial agent, not embraced not embraced ' ° ' in Schedules B in Schodulos B and C of the act above and c while re- mentioned, and who may be appointed ceivmg instruo- ' ./ x a tionsorintran- hereafter in accordance with the fourth *''■ section of the above-mentioned act, during the time occupied in making the transit between the place of his residence and his post of duty at the com- mencement and termination of the period of his official service ; nor to any vice consul, vice commercial agent, deputy consul, or consular agent, for the time so occu- 1 This question was determined after full consideration by the Secretary of State and the Treasury Department, August, 1864, in the cases of the consuls at Havre, Cork, Leeds, &c. COMPENSATION OF CONSULAR OFFICEES. 209 pied in receiving instructions or in such transit as aforesaid. 411. It is provided by the eleventh „ ^ •'_ Compensation section of the above-mentioned act, that of consular offi- " for such time as any consular officer shall f^ when per- '' _ _ forming diplo- be authorized, pursuant to the provisions ma tic func- of the said act, to perform diplomatic '^°"^- functions in the absence of the regular diplomatic officer in the country to which he shall be appointed, he shall be entitled, in addition to his compensation as such consular officer, to receive compensation for his services, while so authorized, at the rate allowed by the same act for a secretary of legation in such country. 412. But no consular officer shall exer- cise diplomatic functions, or hold any dip- , ^^^}^° P" ■•■ ' t/ ± lomatio func- lomatic correspondence or relation on tions, when for- the part of the "United States, in, with, or ^l^^\^' ^^ ^ . ' ' ' when aUowed. to the government or country to which he shall be appointed, or any other country or govern- ment, when there shall be in such country any officer of the United States authorized to perform diplomatic functions therein, nor in any case, unless expressly authorized by the President so to do. 413. It is further provided by the ^o extra com- twentieth section of the Diplomatic and pensation. Consular Act, that the compensation provided by it shall be in full for all the services and personal ex- penses which may be rendered or incurred by the officers or persons, respectively, for whom such com- pensation is provided, of whatever nature or kind such services or personal expenses may be, or by whatever 27 210 COMPENSATION OF CONSULAR OFFICERS. treaty, law, or instructions such services or personal expenses so rendered or incurred are or shall be re- quired. 414. It will thus be seen that no consul is entitled to any other, or to an increased compensation for any services that he may be required to render, except in the single instance when he " shall be authorized, in the absence of the regular diplomatic officer in the country to which he shall be appointed, to perform diplomatic functions." 415. In countries where the United Consuls not i t i • • entitled to dip- States have established no mission, and lomatic com- consequently are not represented by min- pensation. . -, \ i • <• isters, consuls can prefer no claim for extra compensation for the performance of any duties whatever, though they may partake of a diplomatic character. All consuls in such countries are simply commercial and not diplomatic officers ; in that cha- racter only are they recognized by their own govern- ment or that of the country from which they respec- tively receive their exequaturs.^ 416. It is provided by the fourteenth Compensation • j. i of vice consuls sectiou of the act above mentioned, that and vice com- ^q compensation shall be allowed for mercial agents. . « the services of any vice consul or vice commercial agent beyond nor except out of the allow- ance made by the said act for the principal consular officer in whose place such appointment shall be made. 1 See Communications to the Committee of the Senate on Foreign Eelations and to the Committee on Foreign Affairs of the House of Kepresentatives, January 22, April 12, and May 13, 1862, MSS. See also Senate Report, No. 59, 37th Congress, 2d Sess. ; also, Congressional Globe, 37th Congress, 2d Sess., pp. 3095- 3097. COMPENSATION OF CONSULAR OFFICERS. 211 417. The fifteenth section of the same „ Compensation act provides, that every vice consul and of vice consuls, vice commercial agent shall be entitled, ^.^"f ''°°"^^- ° _ _ ' cial agents, as compensation for his services as such, and consular to the whole or so much of the compensa- ^^™'®" tion of the principal consular officer in whose place he shall be appointed as shall be determined by the Pre- sident, and the residue, if any, shall be paid to such principal consular officer; and every consular agent shall be entitled, as compensation for his services, to such fees as he may collect in pursuance of the pro- visions of the act, or so much thereof as shall be de- termined by the President; and the principal officer of the consulate or commercial agency, within the limits of which such consular agent shall be appointed, shall be entitled to the residue, if any, in addition to any other compensation allowed him by the act for his services therein. 418. It is further provided by the no outfit ai- twentieth section of the said act that ^°^^^- no allowance, other than such as is provided by the act, shall be made in any case fOr the outfit or return home of any such officer or person ; and consular offi- no consular officer shall, nor shall any cers forbidden 1 1 IE 1 to charge a person under any consular officer, make eommission for any charge, or receive, directly or indi- receiving or ,1 J." T_ J! disbursing ex- rectly, any compensation, by way of com- ^^ ^^^^^ ^^ mission or otherwise, for receiving or dis- to be interested bursing the wages or extra wages to which ^/rgjl^f ^ any seaman or mariner shall be entitled passages of sea- who shall be discharged in any foreign ™®°' country, or for any money advanced to any such sea- 212 COMPENSATION OF CONSULAR OFFICERS. man or mariner who shall seek relief from any con- sulate or commercial agency; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such seaman or mariner. Such prohibition as to profit is not to be con- Exception. ■*• _ ^ strued to relieve or prevent any such officer who shall be the owner or otherwise interested in any ship or vessel of the United States from transporting in such ship or vessel any such seaman or mariner, or from receiving or being interested in such reason- able allowance as may be made for such transporta- tion, under and by virtue of the fourth section of the act entitled "An act supplementary to the act concern- ing consuls and vice consuls, and for the further pro- tection of American seamen," approved February 28, 1803.^ 419. It is provided by the nineteenth Absence of a _ ^ •' consular officer soction, that uo cousul general, consul, from his post, commercial agent, consular agent, or con- and when com- . □ < pensation may sular pupil shall be absent from his post be allowed for qj. j.^^ performance of his duties for a absence. . longer period than ten days at any one time, without the permission previously obtained of the President; and that no compensation shall be allowed for the time of any such absence in any case, except cases of sickness. 420. It is held by the Treasury Department, that if " such absence " is, through the Department of State, ' See Statutes at Large, vol. ii. pp. 203-205. COMPENSATION OF CONSULAR OFFICERS. 213 sanctioned by the President, compensation is to be allowed. 421. It is enacted by the twenty-first „ •^ _ •' _ No compensa- section, that no compensation provided in tion aUowed to the said act for any such officer as is consular officers " named in Bcnea- mentioned in Schedules B and C of the uies b and c third section of the act, or any appropria- "^^f „ ^^^^^'"^ tion therefor, shall be applicable to the payment of the compensation of any person appointed to or holding any such office after the act shall take effect who shall not be a citizen of the United States ; nor shall any other compensation be allowed in any such case. 422. It has been held by the Treasury Department that this prohibition does not affect vice consuls, who may temporarily discharge the duties of principal consular officers in the event of the absence of such officers from their posts, their resignation or death. ^ 423. A substitute, or vice consul, left ^ Compensation in charge of the consulate during the of a vice or temporary absence of the consul, is to be *"^'°^ °°°^'^" compensated out of the statute emoluments of the office, subject to the regulations of the Department of State.^ 424. An acting consul, in charge of a consulate during actual vacancy of the consulate, is entitled to receive the statute compensation of the office, subject, of course, to the provisions of the fifteenth section of the Diplomatic and Consular Act.^ 1 See decision in regard to the compensation of the vice consuls at Geneva, Genoa, Calcutta, Liverpool, Lyons, Quebec, and other places. ' Opinions of the Attorneys General, vol. vii. 714. " Ibid. 214 COMPENSATION OF CONSULAR OFFICERS. „ . 425. In the case of appointments and Notice of ter- , mination of removals by the President, when the office. removal is not by direct discharge or an express vacating of the office by way of independent fact, but merely by the operation of a new commission or appointment, then the virtue of the old commission ceases only when notice of the new commission is given to the outgoing officer, either by the President, or by the new officer exhibiting his commission to the old one, or by other sufficient notice, and the old officer continues to be entitled to compensation down to the time of his ceasing to perform the duties of his office.^ 1 Opinions of the Attorneys General, vol. vii. 303. CHAPTEE XXII. THE COLLECTION, EEGISTEATION, AND ACCOUNTING OF FEES. 426. It is provided by section thirty- ' p,;„^ ^^^^ ^ three of the Diplomatic and Consular Act,^ regard of fees that all acts and parts of acts be annulled ^^^^^ and repealed whereby any such fees are fixed and allowed as are contemplated by section seventeen of the act. 427. The provisions in respect to con- Law relating to siilar fees hereafter to be charged are con- *^^^- tained in the sixteenth, seventeenth, eighteenth, twenty- eighth, and thirty-third sections of the said act. 428. Section sixteen authorizes the . . President au- President to prescribe, from time to time, thorized to pre- the rates or tariffs of fees to be charged ^<="^^ *^ t^"^ of fees for official services, and to designate what shall be regarded as official services, beside such as are expressly declared by law, in the business of the several legations, consulates, and commercial agencies, and to adapt the same, by such differences as may be neces- sary or proper, to each legation, consulate, or com- mercial agency, and to report such rates or tariffs annually to Congress. ^ Statutes at Large, vol. xi. pp. 52-65. 215 216 COLLECTION, E.EGISTKATION, AND 429. It is made the duty of all consular Consular offi- i • i i cers required to Officers Connected with the consulates or collect the pre- commercial agencies of the United States to collect, for official services, such, and only such, fees as may be prescribed for their respective consulates and commercial agencies. Keceipts for fees 430. All cousular officors are required to be given. ^q gjyg receipts for all fees which shall be collected for their official services, respectively, ex- pressing the particular services for which the same were collected. Receipts to be 431. Every consular officer is required numbered. ^q number all receipts given by him for fees received for official services in the order of their dates, beginning with number one at the commence- ment of the period of his service, and on the first day of January in every year thereafter ; the numbers on the receipts and in the fee book must respectively cor- respond. Fee book to be 432. He is also required to keep a book, ^^P*- in which he shall register all fees so re- ceived by him in the order in which they shall be re- ceived, specifying in such register each item of service and the amount received therefor, from whom and the dates when received, and if for any service connected with any ship or vessel, the name thereof, and indi- cating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts respectively, so that the receipts and register shall correspond with each other ; and in such register he must specify the name of the person for whom and the date when he ACCOUNTING OF FEES. 217 shall grant, issue, or verify any passport, certify any invoice, or perform any other official service, in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number of such receipt as shown by such register. — See Forms No. 8 and No. 9. 433. All fees collected by the consuls _ " . Fees to be ac- general, consuls, and commercial agents counted for to mentioned in Schedules B and C, and by the Secretary of the Treasury. Vice consuls and vice commercial agents appointed to perform their duties, or by any other persons in their behalf, must be accounted for to the Secretary of the Treasury, and held subject to his draft or other direction. 434. Every consular officer, in render- ■.. . 1 p n .-iSworn trail- ing his account or report or fees received, script of fee to the Secretary of State, is required to book to be fur- furnish a full transcript of the register which he is required by law to keep, under oath or affirmation that the same is true and correct, and that the same contains a full and accurate statement of all fees received by him, or for his use, for his official services as such consular officer, to the best of his knowledge, during the period for which the same shall purport to be rendered. 435. This oath or affirmation may be oath,bywhom taken before any person having authority to be adminis- to administer oaths and affirmations at ^^""^ ' the port or place where such consular officer resides.^ 1 In some countries where such oaths are regarded as extra-judicial, and cannot legally be administered, a certificate is substituted, as in other cases, under the hand and seal of the consular officer, and supplies the place of the oath in the 218 COLLECTION, EEGISTEATIOlf, AND P alt f th ^^^" ^^ ^^ ^^^^ provided that if any commission of consular of&cer shall willfully and cor- pequry. ruptly commit perjury in any such oath or affirmation, within the intent and meaning of any act of Congress now or hereafter made, he may be charged, proceeded against, tried, convicted, and dealt with in the same manner in all respects as if such offence had been committed in the United States be- fore any officer duly authorized therein to administer or take such oath or affirmation, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence. Con uiar offi ^^'^ ' "^^^ consuls general, consuls, com- cers appointed mercial agouts, and consular agents who in axjcordanoe ^^.^ allowed for their compensation the with section 4th ^ of the act of whole Or any part of the fees which they August 18th to collect pursuant to the provisions of make return oi "^ ■■■ _ -"■ ^ fees to the Sec- the act, and all vice consuls and vice com- retary of state, mercial agents appointed to perform the duties of said consuls general, consuls, and commercial agents, who are allowed for their compensation the whole or any part of such fees as aforesaid, are required to make returns to the Secretary of State of all such fees as they, or any other persons in their behalf, shall _, ^ , so collect. And all such fees as shall be Fees to be an- uaiiy reported SO Collected, accountod for, and reported, to Congress. ^^^ ^^ -^^ reported annually to Congress. Penally for col- 438. It is provided also that if any con- lecting unlaw- sular officcr shall collect, or knowingly ^' allow to be collected, for any official ser- settlement of accounts at the Treasury. See Circular No. 52, September, 1864, pp. 1 and 2. ACCOUNTING OF FEES. 219 vice, any other or greater fees than such as shall be allowed pursuant to the provisions of the said act for such services, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same shall have been paid, treble the amount of said unlawful charge so collected, as a penalty therefor, to be recovered by such person in any proper form of action to and for the use of such person, besides costs of suit. 439. In any such case the Secretary of u n lawful the Treasury is authorized to retain out of charges to be ii i- j» 1 _a? j_i refunded. the compensation of sut3h omcer the amount of the overcharge and penalty, and charge the same to the officer in account, and thereupon to refund the unlawful charge and pay the penalty to the per- son entitled to the same, if he shall think proper so to do. 440. It is further provided, that if „ , „ , ^ ' , Penalty for the any consul general, consul, or commercial omission to coi- agent mentioned in Schedules B and C, '*''' ^*^- or any vice consul or vice commercial agent appointed to perform the duty of any such officer mentioned in said schedules, shall omit to collect any fees which he shall be entitled to charge pursuant to the provisions of the act for any official service, he shall be liable to the United States therefor, as though he had col- lected the same, unless for sufficient reason the Secre- tary of the Treasury shall think proper to remit the same. 441. By the same act it is made the Application to duty of every master and commander of ^^ ^^^^ , ^^ •' _ .' ^ American ship- a ship or vessel of the United States, masters for the 220 COLLECTION, EEGISTKATION, AND performance of whenever he shall have occasion for any vices; payment consular Or other official service which of fees re- a^y consular officer of the United States quired. shall be authorized by law or usage of- ficially to perform, and for which any fees shall be allowed by the said rates or tariffs of fees as aforesaid, to apply to such one of the said officers to perform the service as may then be officially in charge of the consulate or commercial agency, if any there be where such service shall be required; and the master or commander shall pay to the consular officer such fees as shall be allowed for the service by the provisions of the act. 442. If any master or commander of Penalty for the . . , • j i i i omission of ^^ American vessel omits to make such ship-masters to application, he is liable to the United obtain consular r^. j_j?xi _lj?j? ii»n services. States for the amount of fees lawfully chargeable for such services, as though the said services had been performed by a consular officer, 443. It is made the duty of all owners, Copies of con- , . , , suiar receipts ^geuts, Consignees, masters, and com- for fees to be maudors of ships and vessels, to whom coUectors ^ ^^^ receipt for fees shall be given by any consular officer, to furnish a copy thereof to the collector of the district in which such ships and vessels shall first arrive on their return to the United States. These receipts, or copies thereof, are to be transmitted by the said collector to the Secretary of the Treasury for the information of the accounting officers in the adjustment of consular accounts. ACCOUNTING OF FEES. 221 Statement of certified in- voices to be fur- nislied to Sec- retary of the Treasury. Ship's papers to be retained by consular of- ficers till pay- ment of fees. 444. It is the duty of every collector also to forward to the Secretary of the Treasury a statement of all certified in- voices which shall come to his office, giv- ing the dates of the certificates and the names of the persons for whom and of the consular officers by whom the same were certified ; a comparison of the consular accounts with the receipts and state- ments thus furnished will be made by the accounting officers. 445. All consular officers are authorized and required to retain in their possession all the papers of ships and vessels of the United States which shall be deposited with them as directed by law, till pay- ment be made of all demands and wages on account of such ships and vessels.^ 446. All consular officers are required at all times to keep in their offices a copy of such rates or tariffs as shall be in force, in a conspicuous place, and subject to the examination of all persons interested therein. 447. It is also the duty of the collectors of the several districts, whenever any clearance is granted to any ship or vessel of the United States, duly registered as such and bound on any foreign voyage, to annex thereto in every case a copy of the rates or tariffs of fees which are allowed in pursuance of the provisions of the above-mentioned act. ' Statutes at Large, vol. xii. p. 63. Copy of consu- lar tarifi" to be conspicuously posted in con- sulates. Consular tariff to be annexed by collectors to every ship's clearance. 222 COLLECTION, EEGISTEATION, ETC. 448. Consular officers are required to give careful heed to the faithful observ- ance of these enactments ; and, in connec- tion with the requirements of law and the instructions upon this subject, they will give espe- cial attention to the tariff of fees pre- scribed by the President. Kequirements of law to be faithfully ob- served. Beference to consular tariff. CHAPTEE XXIII. EECOED BOOKS Am) ARCHIVIS OP THE CONSTXLAE OFFICE. 449. The following record books are ^^^^ ^^^ to be kept at all inland consulates of the at inland con- United States : — A despatch hook, into wbicb are to be Despatch book copied all official communications written by the consular officer to the Department of State. A letter book, into which are to be ^ Iietter book. copied all other official communications written by the consular officer. A fee hook, in which the consular officer ^ ^ , , , Fee book. shall register all fees received by him in the order in which they shall be received, specifying in such register or fee book each item of service ; the amount received therefor; from whom and the date when received ; and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts, respectively, so that the receipts and register shall correspond with each other. The consular officer will specify the name of the person for whom and the date when he shall grant, issue, or verify any passport, certify any invoice, or perform any other official service, in the entry of the receipt of the fees therefor in such register; and also number 223 224 EECOKD BOOKS AND AKCHIVES OF each consular act so receipted for with the number of such receipt as shown by such register. The fee book is to be ruled and kept in accordance with Form No. 8 if the consul resides at a port, or with No. 9 if his official residence is at an inland town or city. A passport book, in which are to be Passport book. ^ -'■ ■'■ ' registered all passports issued by the consular officer, in accordance with Form No. 10, and the instructions prescribed in the chapter on Passports. - . , , An invoice hook, to be ruled and kept in Invoice book. ' •■■ accordance with Form No. 11, and with the instructions prescribed in the chapter on the Veri- fication of Invoices. MiseeUaneous -^ miscellaneous record look, for the records. entry of those official papers and records which cannot conveniently be classified and entered in the record books above named. Eegister of let- A register of official letters received at the ters received. consulate, which shall embrace the follow- ing information : name of the writer, number and date of letter, when received, its import, and remarks thereon, as prescribed in Form No. 12. Register of letr A register of official letters sent from the ters sent. consulatc, Stating the date and import of the letter and the name of the person to whom sent, as prescribed in Form No. 13. Record books 450. In soa-ports the foUowrhg addi- at sea-ports. tional books will be used : — Book of com- -^ rccord book of commercial returns, to merciai returns, be kept in, accordauce with Form No. 14, in which must be stated, in respect of vessels, the THE CONSULAR OFFICE. 225 number, date of arrival, class, name, and tonnage of all American vessels, where belonging, whence from, whither bound, when and where built, master and owners' names ; and in respect of cargoes, both inward and outward, under distinct heads, as nearly as possi- ble, the description, quantity, and value of the same, and where produced or manufactured. A seamen^ s register, in which shall be seamen's regis- recorded a detailed list of all seamen *^''- shipped, discharged, or deceased at the consulate or commercial agency, and the payments made on ac- count of each, according to Form No. 15. A relief hook, showing the number and j> ,. . , names of all seamen relieved, from what vessel discharged, date and cause of discharge, and date of leaving the consulate; embracing also the sev- eral amounts disbursed on their account, as particularly described in Form No. 16. A quarterly account current hook, in Quarterly ac- which shall be recorded the account count book. current furnished quarterly to the Fifth Auditor, as per Form No. 17. A protest hook, for the entry of notes of marine protests, in accordance with Form No. 18. A hook for the entry of extended pro- Extended pro- tests. (See Form No. 19.) tests. A daily journal is to be kept, as pre- scribed in Form No. 20. 451. When a paper of any description Books to be in- shall be entered or recorded in either of '^®^^- the said books, the same shall be indexed by a le- 29 226 EECOKD BOOKS AND ARCHIVES OF ference both to the name of the author and the subject of the paper. 452. The answers received to official ceived to be letters, and all other papers transmitted labeled and ^q the consulate, intended to be perma- nently kept there, shall be put in a pro- per place, labeled according to their subject-matter, until a sufficient number shall accumulate to form a volume ; when they shall be bound and indexed in the same manner as is directed with respect to other records ; the cost of binding will be allowed and paid by the Department, if properly vouched in the quar- terly account for miscellaneous expenses and postage, and transmitted with Form No. 137. Books to be 453. All the consular books must be paged. regularly paged; but where blanks occur (as in -the book of original letters, from the covers anf] unwritten pages), a cross must be made over the blank page, and it is not to be numbered. , , , 454. The consular books are to be kept Consular books ■*• to be kept dis- Separately from those relating to the con- tmct from pn- g^^g private affairs : and if the consul is vate books. at liberty to transact business, his con- sular business should, if possible, be transacted in a separate apartment from that in which his ordinary Office and Commercial or other affairs are carried on, arms. designated by the arms of the United States exhibited at its entrance wherever such an exhibition of the arms is not prohibited by the local regulations. Keeping of ar- 455. All consular officers are instructed chives. to take care that the archives are kept in THE CONSULAR OFFICE. 227 proper order; and with this view, as well as to facil- itate reference to previous correspondence, they will keep in their offices registers of all the documents, papers, letters, and books which have been or which naay be at any time received, and also of those for- warded by them on matters connected with their official duties. (See Forms Nos. 12 and 13.) 456. The originals of all despatches Transfer of ar- and letters addressed to a consular officer, chives. and copies of all that are written by him in his of- ficial capacity, including all official reports and re- turns, all books presented to the consulate, or sent to it by the Department, also all the record books, as described in this chapter, are to be considered as of- ficial documents, and are to be deposited among the consular archives, after being duly registered, and transferred with the efiocts of the consulate, together with the seal, press, arms, and flag, and all other property belonging to the United States, to his suc- cessor in office; an inventory of the same, signed both by outgoing and incoming consular officers, must be transmitted to the Secretary of State, with a joint certificate. (See Form No. 134.) The ne- glect to furnish the consular inventory subjects both consular officers to the risk of having the adjustment of their accounts suspended. Consuls are requested, in all cases, to acknowledge the receipt of any books, pamphlets, circulars, flags, arms, stationery, or other articles, which may, from time to time, be sent to them from this Department, or the Treasury.^ ' Ciroulaj of the Secretary of State, No. 48. CHAPTEE XXIV. CONSXJLAK ACCOUNTS. ACCOTJNTS WITH DEPARTMENT OF StATE — MISCELLANEOUS EXPENSES — Deaits — Equivalent Value of Foreign Moneys — Disbursements IN Criminal Cases — Seamen's Accounts— Accounts for Salaries. 457. Aiiii accounts transmitted by con- sular officers must be accompanied by a separate communication, the subject of which must be confined exclusively to such accounts. 458. All accounts for miscellaneous ex- penses, which are specifically allowed by the consular instructions, or otherwise in- curred in consequence of the special orders of the Department of State, must be sent to the Secretary of State. 459. All accounts for salaries and for compensation while receiving instructions, and while making the transit to and from the consular post, must be accompanied by the requisite certificates (see Forms Nos. 35, 125, 126, 127), and enclosed in a despatch explanatory of the account, to the Secretary of the Treasury, or Fifth Auditor,^ under whose direction all accounts for consular salaries are adjusted and paid. Every account to be accom- panied by an explanatory ac- count. Accounts f o r miscellaneous expenses to be sent to Secre- tary of State. Accounts f o r salaries to be sent to Secre- tary of the Treasury. ' See Circular, No. 57. 228 CONSULAR ACCOtWTS. 229 460. All accounts for expenses incurred in the arrest and transportation of crimi- •^f'=°""^ ^" ■•■ criminals to be nals to the United States for trial, must sent to the Fifth be enclosed in a despatch relating to that „" '""^ ° * ^ ■■■ ° ireasury. subject alone, and addressed to the Fifth Auditor of the Treasury. A separate despatch must also be addressed to the Secretary of State, giving a condensed statement of all the circumstances attending each case.^ 461. All accounts for expenses incurred for the relief of destitute American sea- ^counts or expenses tor re- men must be transmitted, with the vouch- Uef of seamen ers, and according to the prescribed forms, Kfth\ud^tor*° accompanied by a communication explan- atory of the accounts, directed to the Fifth Auditor, by whom they will be adjusted under the direction of the Secretary of State." If the accounts are large, or embrace unusual or extraordinary items, a despatch in explanation of them must also be addressed to the Secretary of State. Settlement of Accounts at the Department of State — Mis- cellaneous Expenses. 462. The President is authorized, b}'^ ^ .^ President an- the twenty-second section of the act regu- thorized to pro- lating the diplomatic and consular sys- ^^^J^""^^^ tems of the United States, to provide at the public expense all such stationery, blanks, record 1 Statutes at I^xge, vol. xii. p. 21 ; also Annual Appropriations for Diplomatic and Consular Expenses. ' Statutes at Large, vol. ii. p. 204. 230 CONSULAR ACCOUNTS. and other books, seals, presses, flags, and signs, as he shall think necessary for the several legations, con- sulates, and commercial agencies in the transaction of their business ; and, whenever he shall think there is suflSicient reason therefor, to allow consuls general, consuls, and commercial agents, who are not allowed Office rent may to trade, actual expouses of office rent, not be allowed. ^q exceod in any case ten per centum of the amount of the annual compensation allowed to such officer. Whenever application is made by a principal consular officer whose consulate is included in Schedule B, for the allowance of office rent, assur- ance must be given that the office is devoted solely to the business of the consulate. „ , 463. In order to prevent the occurrence Items allowed. _ _ _^ of improper items in the accounts for office expenses of the several consulates and commercial agencies of the United States in foreign countries, consuls and commercial agents will hereafter be care- ful to bear in mind that charges made for any other objects than the following are deemed inadmissible, and may not be allowed, namely : — For one flagstaff, and one plain movable bookcase, to which may be attached drawers and pigeon-holes for the safe-keeping of stationery, filing papers, and for the preservation of consular archives and corre- spondence, and also a sliding leaf or other convenient arrangement for writing : For binding all official communications received by consular officers : For such stationery, comprised within the following articles, as may be used in the official correspondence CONSULAR ACCOUNTS. 231 of principal consular officers only, namely : ruled cap paper, with an inch blank margin around each page, letter, note, wrapping and blotting paper, envelopes, quills, steel pens and penholders, ink and inkstands, wafers, wax, pencils, gum bottle and brush, gum arable, india-rubber, rulers, tape, or narrow ribbon for triplicate invoices, twine, cases or boxes for the safe keeping and preservation of samples and invoices.^ For postages on despatches to or from the depart- ments of the government, or its agents abroad, or letters on official business, freight and other expenses upon boxes or packages sent to consular officers from this Department, or to their care for transmission." But seals, presses, flags, and arms of the United States (one of each) ; also record and other consular books (one set), and blank forms, as required by the Instructions, are furnished by the Department to con- sular officers, but not to the agents appointed by them at ports within their jurisdiction. Whenever there is not time to make application to the Department for any of these articles, reasonable charges for them may be admitted, on making the fact satisfactorily to ap- pear that there was an absolute necessity for their immediate purchase. Postage is not to be charged by consuls Eeguiations as in their account with the Department, un- t° postage. less it comes legitimately within the rule laid down for their guidance on this subject, which prohibits the payment of postage except on despatches and letters 1 See Circular No. 59, April, 1866. ' See Circular of the Seci-etary of State to Consular Officers, March, 1854, and No. 33, 1866; also Forms Nos. 12 and 13. 232 CONSULAE ACCOUNTS. received and written by them on official business and by reason of the office which they hold. Letters of unofficial persons, not being members of their own families, are not to be sent by consular officers to the Department with official despatches for transmission to persons in the United States. While the Department has always been disposed, as a matter of courtesy, to transmit free of postage the correspon- dence of its agents abroad, it is manifestly improper that it should be made the medium of transmitting the letters of unofficial individuals relating to their own private business. All letters not intended for the families or friends of diplomatic or consular agents, or not addressed to persons in the service of the United States, will be mailed at Washington, and the proper amount of postage collected thereon, pursuant to the twenty-sixth section of the act of 3d March, 1863, "to amend the laws relating to the Post-Office Department." ^ Consuls will also take care to avoid unnecessary ex- penditures for postage by study and observance of the postal regulations of the countries in which they reside. The use of light paper in formal returns, the limitation of their size, the shipment by sailing vessel of reports that can bide delay, the excision of blank half sheets from'' short enclosures, are suggested as means to this end ; and, as contributing to the same general object, consular letters to appraisers may be enclosed in des- patches to the Department. Prepayment of postage on invoices to collectors of customs is not required, except in countries where in- 1 See Circular No. 33, April, 1863, and Circular No. 52,^ September, 1864. CONSULAR ACCOUNTS. 233 creased postage is charged for omitting such prepay- ment.^ 464. For the expenses, incurred as drafts for mis- above mentioned, it is necessary that ceiianeous ex- regular vouchers, except for postages, p®"^®^- should be rendered with each account to the Depart- ment. Drafts for the above-mentioned Drafts and objects are to be made on the Secretary vouchers. of State. Should the vouchers be in a vouchers to be foreign language, they must be accom- ™ *^'^ English panied by translations of the same into English, and no charge is to be made therefor. 465. Drafts must not be made for jy^^^ to be in foreign moneys of account or currency, American cm- but for the equivalent value in the cur- ^^^''^' rency of the United States. In disposing of their drafts, consular officers are directed to exercise their best discretion, and use every effort suggested by a prudent regard for the public interest to negotiate them at the most favorable rates. Consuls are reminded that they should state on the face of every draft for salary or authorized expenses the account for which it is made ; and every draft for expenses authorized by special instructions should refer explicitly to the date and number of the despatch in which such authority was given. The same refer- ence should appear in the corresponding account. Drafts payable in gold must inv£(,riably be so expressed.^ 466. Whenever a draft is drawn by a consul gene- ral, consul, commercial agent, or any duly authorized 1 Circulai- No. 57, January, 1866. '' See Circular No. 52. 30 234 CONSULAR ACCOUNTS. vice consul, the blanks in the engraved forms trans- mitted for the use of consuls by this department must all be filled up by the drawer in his own handwriting ; and for still greater security against forgery, or the payment of fraudulent drafts, the draft must be sealed with the seal of the consulate. In view of a forgery, recently discovered, of consular signatures and certifi- cates, special attention is directed to the careful observance of this instruction. Its neglect may excite suspicion as to the genuineness of a draft, and lead to its non-payment. 467. All drafts and certificates for the payment of money from the treasury must be drawn by the prin- cipal consular officer of the district, namely, the consul general, consul, commercial agent, or, in the absence of either of these officers, a duly authorized vice consul or vice commercial agent. No draft, nor any certifi- cate for the passage of destitute seamen, nor any account whatever, must be transmitted by any con- sular agent. All papers of this character must be in the name of the principal consular officer. Should a consular agent have occasion to address the Depart- ment, his communication must be transmitted through the medium of the consul under whom he holds his office, except in those cases where, the public interest being concerned, the Department shall authorize a deviation from this rule.-' Drafts to be . 468. All drafts drawn by consular offi- drawn at fifteen ggj-s, whether ou the Secretary of State or days' sight, •' acceptance On the Secretary of the Treasury, are to waived. -j^q drawn at fifteen days' sight, acceptance 1 See Circular No. 48. CONSULAR ACCOUNTS. 235 waived, in order to give sufficient time to the account- ing officers to adjust the accounts before the day of payment. When the accounts and the necessary certificates are in order, the fifteen days will probably not be required. Drafts for disburse- p^^^fj^ ^^^ ^^, ments made for objects not expressly thorfzed expen- authorized by law or instructions, must ""^^^ not be drawn until notice is received from the Depart- ment that the accounts and vouchers have been examined and approved. 469. Loss by exchange in the sale of -^^^^ ^ drafts on the Grovernment of the United change, when States will be allowed, provided the evi- dence of sale be transmitted, showing precisely the amount of loss sustained at the time of the sale of the drafts, as per Form Nos. 120, 130.^ By a decision of the accounting officers of the Treasury, charges for losses by exchange on consular drafts will not be allowed, unless thus substantiated.^ 470. Bills of exchange drawn by United Endorsements States consuls are occasionally presented on drafts hj at the Department for payment by holders p''°'="'^^'^°°- whose rights are derived from endorsements not made by parties to whom such bills have been duly made payable, but by other persons claiming to act for such parties by procuration, without producing the power of attorney or other authority for the transfer of the property in such bill of exchange out of its lawful 1 Drafts for rent and for postage, etc., may be made quarterly, semi-annually, or annually. ^ See Circular of the Secretary of State, July 1, 1861. Also Circular of the Treasury Department, October 1, 1858. 236 CONSULAB ACCOUNTS. owner. The accounting officers, who are required to see that no person receives money from the Treasury but by lawful title, cannot recognize such endorse- ments unless on competent proof of their sufficiency ; which, in the absence of the power of attorney, may be made by a bond of indemnity in double the amount of the sum claimed, executed by two sufficient sureties.-^ 471. To prevent the dishonor of such bills or drafts, it may be well for consuls to observe the form pre- scribed with a view to overcome this difficulty. See Form No. 124. Prevention of 472. To prsveut informalities in the informalities. accouuts of consular officers, and to enable the accounting officers to adjust them more readily, consular officers are directed to follow strictly the prescribed forms, and to embrace in their accounts charges for no other objects than are authorized by the instructions. Bales to be ob- 473. They are also instructed to give Berved. their careful attention to the following points, a strict observance of which is absolutely necessary to prevent confusion in the settlement of accounts and to ensure the payment of drafts, namely: First. Render a separate account for office rent, and draw a separate draft for the same, taking care to include in the account and corresponding draft any loss by exchange. Secondly. Render a separate account for postage, stationery, and miscellaneous expenses, and draw a separate draft for the same, taking care to include in ' Circular of the Department of State, October 21, 1858. CONSULAR ACCOUNTS. 237 the account and corresponding draft any loss by ex- change. Thirdly. Each one of the above accounts must be sustained by proper vouchers, including those for loss by exchange if there should be any. Fourthly. Each separate account should be signed, and in each draft it should appear on what account it is drawn and for what quarter. Fifthly. By no means fail to send your accounts promptly at, or before, the time of making your drafts.-' 474. The Secretary of the Treasury Loss in ex- having decided that when payments are change. made to our foreign ministers, consuls, and commer- cial agents, for salary, by means of drafts drawn in the foreign countries in which they reside, they shall be entitled to payment in a currency of equal value to the currency paid at the United States Treasury;^ and also that only such charges for losses by exchange as shall be shown to have been actually and necessarily sustained in the negotiation or sale of such drafts will be allowed at the Treasury, it has become neces- sary to prescribe forms of certificates conforming to these decisions, and, as far as practicable, to establish fixed and uniform standards of value for the various foreign coins in which such drafts may be paid. 475. Consular officers are therefore in- vouchers for structed that hereafter, in making up loss in ex- their accounts, they will be required to '^ ^^^' 1 See Cireulax of the Secretary of State, No. 8, February 15, 1862. ' See Circular of the Comptroller, October 1, 1858, as modified August 25, 1862. 238 CONSULAR ACCOUNTS. present voucliers in accordance with prescribed forms,' exhibiting — First. The date of draft. Secondly. The amount of draft in United States currency. Thirdly. Gross amount of draft in foreign currency. Fourthly. The rate of exchange. Fifthly. The cost of negotiation, or sale of draft. Sixthly. The net proceeds in foreign currency. Seventhly. The net proceeds in United States cur- rency. Fighthly. Upon whom, and on what account drawn. Unauthorized ^^- No allowancB will be made to con- consuiar ex- guls and Commercial agents for office rent, penses. uuless the Same has been authorized, prior to the transmission of the account, in each case, by special instruction, in accordance with the provisions of the twenty-second section of the act above men- tioned, or of the third section of the act of July 25, 1866 ; nor for office furniture (except for a book-case, as above mentioned), nor for repairs of office, printing of any kind (except blank forms in case of emergency) , nor for printed books, maps, advertisements (unless authorized by law or special instructions), nor for clerk hire (except in the mode for which provision is made by the act last mentioned), nor for copying or translating (except for copies or translations made by special order of the Department), nor for donations, carriage hire, traveling expenses, or contributions for charitable objects. Accounts for any of these objects, wlien authorized by special permission, which is very ' See Forms Nos. 129 and 130. CONSTJLAE ACCOUNTS. 239 rarely given, and only in case of a very extraordinary emergency, are to be kept separately and distinctly from all others. Accounts for the " actual expenses" of office rent must be accompanied by ^^ ^ -' Office rent. vouchers 5 and it is to be remembered that only the " actual expenses of office rent, not to exceed in any case ten per centum of the amount of the annual compensation," can be allowed. 477. Expenditures incurred for, or by Expenditures the order of any other Department, are ordered by not to be included in any account against ^J^^ not'^to the Department of State. be charged to 478. Separate and distinct appropria- gtatr'™™' " tions are made for salaries of consular Separate di-afts officers ;— for the relief and protection of Jer^'^cf "it"^" American seamen ; — and for authorized of appropria- expenses. Consular officers must, there- *^°°' fore, render separate accounts for salary; — for office rent ; — for disbursements for stationery, postage, etc. ; — ^for the relief of destitute seamen ; — and for ex- penses incurred in the arrest and transportation of criminals ; and they will make separate drafts, for the amount of each account, for their reimbursement, stating on the face of every draft the account for which it is made, and the number and date of the despatch giving advice of it. 479. In estimating the relative value of Foreign cnr- the foreign currency in which they may ^8°<=^ receive the proceeds of their drafts in the currency of the United States, they will adopt the value placed upon the same in the synopsis prepared by the Director of the United States Mint. 240 CONSULAR ACCOUNTS. 480. United States consular officers are counts to be in instructed to transmit their accounts for American cur- contingent, miscellaneous, and authorized expenses in the currency of the United States, and to draw their drafts for the reimbursement of the same, not in foreign money of account or cur- rency, but for its equivalent in money of the United States ; and whenever the drafts are sold vouchers will be required in all cases to accompany them, in accord- ance with forms, Nos. 129 and 130.^ Value of for- 481. That there raay be no misappre- eign moneys. heusiou in the miuds of consuls upon this subject, the following letter from the Director of the Mint to the Comptroller of the Treasury is introduced for their information and guidance : — Letter of Mr. "I present herewith a synopsis of the standard ^ „ , ^. weight, fineness, and consequent value, in our money Pollock, Direc- ° u-^r.. tor of the Mint, terms, and in our gold coins, of foreign specie-moneys of account, which has been prepared at the Mint, at your request, for the adjustment of the accounts of foreign ministers and consuls of the United States. It was found necessary to put it in this form rather than a tabular one, because of the numerous ex- planations required. " In explanation of the enclosed statement, it is proper to remark that the object for which tables of value have heretofore been con- structed at the Mint appears, on mature reflection, to be entirely different from that contemplated by you. The aim has always been to answer the inquiry, 'What will this or that foreign coin produce on the average at the Mint?' This takes for granted, what is the fact, that we receive them, not at the alleged standards, but at our own assay, and at the actual weight, which perhaps shows a material loss by wear. It is upon this principle that the tables annexed to the Director's Annual Eeport are constructed ; and upon this basis ' Circular of the Comptroller of the Treasury, October 1, 1858. CONSULAR ACCOUNTS. 241 the former statement for you was made without a due consideration of the peculiarities of the case. "When the object is to exhibit a comparison between our normal coin and that of another country, for the guidance of diplomatic officers, and for settlement of exchanges, shipping cargoes, and in- ternational accounts, it is only fair that the full legal weight and fineness of the foreign moneys should be taken as the basis, especially when there is an obvious aim in practice to conform to the law. We assume our dollar to be of full fineness and weight ; we must assume the same of the pound sterling, franc, or florin. "A table upon this basis is now constructed for the first time. The Mint has uo exclusive facilities for such a task ; it could be done by any one conversant with the subject, and having access to the diplomatic correspondence of the Comptroller ; but having been favored with copies of that valuable mass of papers, we take pleasure in making some return for the benefit. " The difficulty of giving a gold valuation of silver coin must be apparent to any one who considers that our laws provide for a sliding scale in the mint price of silver to suit the demand and supply of the market. We have paid 122 J cents per troy ounce of nine-tenths fine ; we now pay 121 ; and some years ago the active relative value was only a fraction over 116. Our price is the same whether we pay in gold or silver ; although by paying in silver coined at the fixed rate of 125 cents to the ounce nine-tenths fine, as we do at present, a profit accrues to the government. But 121 cents, whether paid in gold or silver, is now, as near as may be, the commercial value of standard silver bullion, and it is definitely the lawful price. " Drafts are payable in whichever metal predominates in the cur- rency, and not in either indiscriminately ; or rather, the payer takes his choice. In almost every country one kind of coinage, gold or silver, is subsidiary to the other ; or else stands at a premium, and so is not currency, and does not afibrd a standard of international valuation. Hence we have in most cases given but a single unit of value for each country, and that of the metal 'of which the usual currency of the country consists.' In doubtful cases it has been found necessary to make a double estimate. "It is to be observed that the legal deduction of one-half of one per cent, (the coinage charge upon gold) has not been made. -il 242 CONSTJLAE ACCOUNTS. "It is suggested that the acts of March 3, 1843, and of May 22, 1846, fixing the computation of foreign moneys of account at the custom-houses of the United States, being entirely in error in con- sequence of changes, ought, without delay, to be corrected by the ensuing statement."^ A Synopsis of the standard weight, fineness, and conse- quent value, in our money terms and in our gold coin, of foreign specie-moneys of account, prepared at the United States Mint, at the request of the Comptroller of tlie Treasury Department, for the adjustment of the accounts of foreign ministers and consuls of the United States. ATTSTEIA. , ^ The currency is almost entirely paper; silver is the legal tender at tlie custom- house. The silver gulden or florin is divided into 100 Jcreutzers. It is coined at the rate of 45 florins to the zollpfund (commercial pound, or half kilogramme) of fine silver ; to be alloyed to nine-tenths fine ; weight 190-54 troy grains; value 48-03 cents. BELGIUM. The currency is bank paper and silver ; drafts are paid in silver. The unit of value is the franc, of 5 grammes, (77-17 grains,) nine- tenths fine ; value 19-455 cents. 1 Letter to the Comptroller of the Treasury by Mr. James Pollock, Director of the United States Mint, September 28, 1861, accompanied by a synopsis of the standard weights, fineness, and value of foreign specie-moneys in the money terms of the United States. CONStTLAE ACCOUNTS. 243 BOLIVIA. By the consular advices, the principal . current coin was the half-dollar, or four reals, two-thirds fine. A important change has re- cently occurred, by which a whole dollar is issued, whose intended weight and fineness can only be gathered from the trial of a large number of new pieces ; from which we have the average of 308.74 grains at 903i -thousandths, making 78.13 cents. The half-dollar, taken upon the legal standards (which are very different), results nearly the same, 78"{)4: cents to the dollar. BEAZIL. The currency is gold, silver, and paper, but the legal tender at the custom.-house is gold, in larger sums than the milreis, which is the unit of value, divided into 1,000 reis. The gold pieces of 20 milreis should weigh five oitavas (2761 grains troy) and be eleven-twelfths fine. Value of one milreis in gold 64-15 cents. BREMEN. Drafts are paid in the gold ten-thaler ^ ■"■ " Bremen. coins of Denmark, Hanover, etc. The thaler in Bremen is divided into 72 grotes. The ten- thaler piece is coined at the rate of 17if pieces to the Cologne mark. BtTENOS AYEES. The mint has been discontinued. "Dou- „ isuenos Ayres. bloons of all the American States" are the currency of exchanges, and are considered equi- 244 CONSULAK ACCOUNTS. valent, except the La Plata pieces, whicli are at IJ per cent, discount. By the old Spanish standards the value of the doubloon, or piece of sixteen dollars, is $15-747. (But see New Granada and Meocico.) CENTRAL AMEEICA. Central Amer- Drafts are usually paid in gold coin, ica- the standards of which are the same as in Mexico; making the doubloon $15-747, and the dollar (in gold) 98.42 cents. But it should be noted that the four-dollar piece (two escudos) of Central America is not really worth more than $3-68, or 92 cents to the dollar. CHILI. _ ... Drafts are paid in gold, either the old Cnih. '- ° doubloon, rated at 17 i pesos (dollars), or in the new condor of ten pesos and its parts. This piece, created by the law of 1851, is coined at the weight of 305 J Spanish grains (235-49 grains troy), and the fineness nine-tenths ; which makes the dollar, in gold, 91-275 cents of our money. (The legal weight is not found in the correspondence, but is taken from a publication.) CHINA. ^ . The unit of value is a " silver weight" China. , ° called liang or tael, corresponding to 578-84 troy grains. It is decimally divided into 10 tsien, or mace ; 100 fun, or candareens ; 1,000 li, or cash. Accounts are usually kept in st/cee, or pure silver, or what is commercially taken as such (we have found sycee bars 982-thousandths fine by assay) ; CONSULAR ACCOUNTS. 245 and payments are chiefly made in Spanish and jSIexi- can dollars. These are called "chop-dollars," from the practice of putting a small stamp on them, by way of certificate, as they pass from one merchant to another, whereby they become mutilated and reduced in weight. There is no coinage of gold or silver in China, and gold coins of any kind are regarded as a curiosity among the Chinese. At Fuh-Chau the dol- lar is taken at the weight of 72 candareens (416"76 grains), which is about the actual average of unworn pieces ; but at Hong Kong and Canton a rate has been adopted, by which a debt of 1,000 dollars is held to be discharged by 717 taels weight of dollars, " chopped or unchopped." This makes 415'03 grains per piece, and allows for«Bome loss by abrasion. Assuming a mixture of Spanish and Mexican, our valuation of such a dollar would be 104-622 cents. At Shanghai, a tael of sycees is held to be equal to $1"48 United States money. But the unreliable fineness of sycee bars makes the dollar basis of comparison more satis- factory. DENMAKK. Drafts are paid in silver, and the unit of value is the rigsdaler, divided into 6 ^^^ ' marks, or 96 skillings. It is coined at the rate of 18i pieces to the fine mark, or 16A to the mark alloyed to seven-eighths (875-thousandths) fine, which is the legal fineness. This makes the weight of the single piece 22o"9 troy grains, and the value 54-63 cents. ECUADOE. The silver coins of Quito are receivable in payment of debts ; the unit of value is 246 CONSULAil ACCOUNTS. the dollar, of eight rials. No whole dollars are coined ; the principal coinage is in pieces of two rials, with a few of four rials ; and " no government standard as to weight has been followed." The basis, taken, there- fore, is from copious trials of weight furnished by the United States minister at Quito, by which it appears that the average of the four-rial piece is 197 grains troy, and the two-rial, 92 grains, showing a great want of due relation. In payments, there are ordinarily about 97 -per cent, in the smaller coin, and 3 per cent in the larger. The professed fineness is two-thirds. Taking all these terms into consideration, the valuation of the dollar would be at 68-864 cents, but an even 69 cents would be an advisable rate, as the assays seem to exceed the professed fineness, thoi^h without any regularity. EGYPT. The money transactions with the United States are through the medium of drafts on London. The piastre is the unit of value, and the principal coin is the gold piece of 100 piastres, whose standard of fineness is seven-eighths (875-thousandths), but the requirement of weight does not appear. The unworn piece, however, agrees in value with our half- eagle ; making the piastre, in gold, five cents. The Viceroy has established a tariff of rates for foreign coins, in which the Anaerican is not noticed, but the pound sterling is fixed at 97i piastres. This valuation, which makes "the piastre 5-0067 cents, sufficiently confirms the above rate. (There is a " current value," which differs from the tariff value. CONSULAR ACCOUNTS. 247 but this latter is used in all government and mercan- tile contracts.) ENGLAND. The pound sterling is the unit of value, and is represented by the gold sovereign, "^ which is coined at eleven-twelfths fine, and at the weight of 46if pieces to a pound troy. This makes each piece 123iB^ grains, or approximately 123"274. The full value thereof is |4-86656. FKANCE. A few years ago silver was the prevail- ing currency ; more recently, the prefer- ence has been to pay drafts in gold ; but the present indications are that a greater plenty of silver will re- store that metal to its former position. We therefore give a valuation in each kind, relying mainly upon the gold. The unit of value is the franc. The piece of 20 francs (gold) is coined at the rate of 155 pieces to a kilogramme, nine-tenths fine ; making the weight of each piece 99'58 troy grains, and the value of the franc in gold, 19-2985 cents. In silver the franc is coined at the weight of five grammes, or 77*17 grains, nine-tenths fine. Value 19-455 cents. GERMANY. An important monetary convention in January, 1857, settled the standards upon a new basis for all the German States, Austria and Prussia included. Silver was declared the standard 248 coiirsuLAK accotjnts. of valuation, and the ancient weight for moneys — the Cologne mark — was displaced by the new zollpfiivd or customs-pound, which is half a kilogramme, or 7'717i grains troy. From one zoUpfund of fine silver there shall be coined 30 thalers of Northern Germany and Prussia ; or 52i florins or gulden of Southern Germany. The thaler is equal to II florin of South Germany, or IJ florin of Austria. The thaler is divided into 30 gro- schen ; the southern florin into 60 kreutzers ; the Austrian florin into 100 kreutzers. The standard fineness of the three normal coins is nine-tenths. Consequently the weight of the thaler is 285-83 grains, value 72'054 cents ; weight of the southern florin 163'33 grains, value 41-174 cents. For the Austrian florin see ^'■Austria." GREECE. The unit of value is the drachm^ or drachm, divided into 100 lepta. Drafts from the United States are paid through the medium of London or Paris, and either in gold or silver, as the holder wishes. The value of the drachm^, in gold, is 17-275 cents. HAMBURG. „ ^ The currency of this free city is not Hamburg. ... identified with that of Germany. There is now no mint. The unit of value is the mark-banco, of 16 schillings ; this regulates all commercial transac- tions, but there is also a mark-current. Payments are made in bars of silver, of which one Cologne mark CONSULAR ACCOUNTS. 249 fine makes 271 marks-banco. Hence this money of account equals 36"432 cents. INDIA. Silver is the legal tender, and the unit ^ j. ° _ ' India. of Value is the rupee, divided into 16 an- nas ; the anna into 12 pice. The weight of the rupee, 180 grains ; fineness, eleven-twelfths ; value 46'215. ITALY. The lira of Sardinia is of the same ^ , Italy. standard as the French franc ; making 19-2985 cents in gold, 19"455 cents in silver. The silver lira of Florence is 16-356 cents. The silver scudo of Rome is 104-61 cents. The silver ducat of Naples is 82-74 cents. Japan. JAPAN. The unit of value is the new silver itzehu, which is one-third of our dollar, as near as may be. But all commercial transactions are founded on the Mexican dollar, for which see Mexico. MEXICO. Drafts from the United States are paid „ . ■^ Mexico. in gold or silver, apparently without pref- erence, although there is a decided difference in our valuation. The doubloon, of sixteen dollars (commonly called the ounce, but incorrectly, as the mark of 8 ounces is coined into 8 J pieces), should weigh 417if troy grains; 32 250 CONSTJLAR ACCOTJNTS. fineness, seven-eighths, or 875-thousandths ; full value, 115-7471; making the gold dollar 98-42 cents. The silver dollar, same weight, " lOd. 20g." fine, or 902i-thousandths, makes 105"666 cents. But as there is an habitual want of conformity to these standards, we add, that the uniform doubloon, of recent date, yields about $15"61 ; the new dollar, 105-317 cents ; promiscuous dollar, 104-90. MOROCCO. The gold hontqm, which is intended to be equal to two Spanish dollars (40 reals) in gold, is strictly $1.9952, but might be rated two dollars of our money. KETHEELANDS. The silver guilder is the unit of value; standards 154-35 grains, 945-thousandths fine ; value 40-854 cents. NEW GEANADA. „ „ J The "patriot doubloon," formerly issued Hew Uranada. _ '- _ _ _ •' in large quantities, and still current in commerce, is no longer coined. There is now a series, both of gold and silver, coined at nine-tenths fineness. The gold condor, of ten pesos (dollars), should weigh 16-129 grammes, which makes the peso in gold 96-492 cents. The silver peso should weigh 25 grammes, making 97-272 cents. Both kinds are current, but drafts are usually paid in silver. CONSULAR ACCOUNTS. 251 PERU. A new system was ordained in 1855, in ^^^^ which the silver dollar was reduced to 475 Spanish grains; but the coinage is almost nominal, and the bulk of the currency is in Bolivian half- dollars, in which kind of money drafts are always paid. (See Bolivia.) PORTUGAL. The unit of value is the milreis, of 1,000 ^^^^ ^j reis. Although there is a system of coin- age, the bulk of commercial currency is in British sovereigns, which are legalized at the rate of 4,500 reis. Consequently the milreis in gold is 108-146 cents. Prussia. Russia. PRUSSIA. The thaler, of 30 groschen, is the unit of value ; its value by the new standards of 1857 is 72-054 cents. (See Grermamy) RUSSIA. The universal currency is paper, bear- ing a variable relation to the silver rouble, which is the unit, and is divided into a hundred copecks. The standards, which are very complicated, result in a value of 77-70 cents. The actual assay of the coin being higher than the legal requirement, has made a somewhat higher valuation in the tables of our annual report. SPAIN. The unit of value is the real of vellon, ■ • . . Spam. divided into 100 centimos. Twenty reals are one dollar. 252 CONSULAK ACCOUNTS. Drafts are paid in gold or silver; the five-franc piece of France is a legal tender at 19 reals, and is largely in circulation. The present standards of Spanish coin are not ascertained, but it is evident that the fineness is intended to be 900-thousandths. The best specimens tried here make the real in gold 4-988 cents, and in silver 5-021 cents. If the assay of the gold fully realized 900, the real in gold would be 5-005 cents. SWEDEN. „ , The new unit of value is the riksdaler- Sweden. riksmynt, divided into 100 oere. It is one-fourth of the species-daler. According to our trials of the species-daler up to 1856, its weight was 624-16 troy grains, and fineness 750, making |1-1011. But according to two consular letters, and a printed statement, the species-daler since 1858 should weigh at the rate of " 25 pieces to 1-828 pounds avoirdupois English," which is 511-84 grains to the piece; yet they speak of no designed reduction of weight. This would make only |l-0753. The riksdaler-riksmynt is therefore 27-53 cents, or 26-88 cents, according as the fact shall be settled. SWITZERLAND. Since 1852, the system of moneys has Switzerland. , i,i n-r-» m-i been conformed to that of France. The franc is divided into 100 rappen. (See France.) TUNIS. „ . The piastre, whether gold or silver, is 12-5 cents^ as near as may be. CONSULAK ACCOUNTS. 253 TTJEKEY. The piastre (divided into 40 paras) is worth, in gold coin of Turkey, 4-352 cents ; in silver coin, 4-296 cents. Accounts far the Belief of Destitute Seamen. 482. By the fourth section of the act of jj^jj^f ^^ ^^, February twenty-eighth, eighteen hun- men. dred and three,^ it is made the duty of consular officers to provide for the mariners of the United States who may be found destitute within their districts sufficient subsistence and passage to the United States, in the most reasonable manner, at the expense of the United States, subject to such instruction as the Secretary of State shall give ; and the section also provides for the manner in which such mariners are to be transported to the United States. 483. Accounts for the relief and protec- Accounts for tion of American seamen, accompanied ^^^^^^ °^ ^^^" . men to be sent With sufficient vouchers, and m accord- to Fifth Audi- ance with the forms prescribed, must be *°'^- transmitted quarterly, addressed to the Fifth Auditor of the Treasury — and not, as is often done, to the Secretary of State— accompanied by a communication explanatory of the several items of the account. 484. In all cases of relief affi)rded, „ Quarterly ac- whether the seamen who have received it counts to be be returned to the United States or not, toaia«^"ed. ' Statutes at Large, vol. ii. p. 203. 254 CONSUIiAE ACCOUNTS. an exact account must be furnished, in accordance with Form Ko. 15, by the consular officer. Vouchers re- 485. Vouchers will in all cases be re- quired, quired in the adjustment of the accounts of consular officers. Character of 486. For the board or subsistence of vouchers. seamcu in health, or sick in the hospitals, bills must be taken in every case, with the necessary receipts to the consular officer for the amount ; in bills the names of the seamen, the time of subsistence, with dates of commencement and termination, and rate per day or week, must be stated, and the bills trans- mitted with the accounts to the Fifth Auditor of the Treasury, as per Form No. 26. For medical attendance the same rule will be observed, as per Form No. 27. Vouchers for 487. For clothing (which should be of clothing. the cheapest kind consistently with strength and durability, and such as sailors are accus- tomed to wear), not only should bills of parcels, specifying the different articles and price of each, with receipts for payment, be produced, but the receipts of the seamen themselves for the articles supplied must accompany the consular accounts, as per Form No. 28. The law makes no difference in its pro- No discriminar yisious for masters and mates of vessels tion to be made between offi- and seamou, and consular officers will be cers and sea- pg^j-gf^j thomselves to make none. When men. charges for supplies for officers are at a higher rate than those for seamen, a deduction of the excess will in every case be made. CONSULAE ACCOUNTS. 255 488. In order to guard against defraud- ing destitute seamen, and to preserve the ^gipts should fund appropriated for their relief, the rule ^e ^disinterest- has long existed in the accounting offices in the Treasury Department, that the receipts for clothing, necessaries, and supplies, given by sailors making their marks, or otherwise, should be witnessed. In settling the accounts of consular officers, it appears that the execution of such receipts is, in many instances, witnessed by a member of the firm furnishing the articles. This should not be the case ; the witnesses must be disinterested persons. 489. In the settlement of the accounts of consular officers at the Treasury, every violation of the instructions will be re- ported to the Department of State. 490. If any seaman happens at a United States consulate not from discharge from a vessel, but from shipwreck or otherwise, the fact must be stated accordingly, with the time of his arrival at the consulate, so that the return will show how and when each re- lieved seaman happened there. And if no extra wages are received, the reasons why such wages have not been received should appear from the return, or other accompanying papers. 491. When American seamen are dis- charged in any port the three months' extra wages should invariably be exacted, as required by the acts of February 28, Violation of instructions to be reported to Department of State. Belief of sea- men not dis- charged, but happening at a consulate. The three months' wages always to be exacted. 1803, and of August 18, 1856. The three months' extra wages are to be credited in When payment of two months' 256 CONSULAR ACCOTJNTS. extra wages are the consular accounts ; the two-thirds to be ma e to ^j^gj,gQf ^re not to be paid to seamen until seamen. ^ , they shall have engaged on board some vessel and are about to sail, and then only to be paid in full when no disbursements shall have been made on their account. Expenses incurred for them are first to be paid, and the residue only of the two months' wages, if there be any, is to be returned to them. On payment of the two months' extra wages or the residue thereof to seamen, consular officers will take and forward receipts with their accounts to the Fifth Auditor, as per Form No. 29. ^ „ 492. Consular officers will be careful to Fassage ot sea- men to the Uni- send all American seamen found destitute ted states. within their districts to the United States, giving to the master of the vessel on board of which they are placed, a certificate, in accordance with Form No. 30, setting forth their names and the amount to be paid for their passage, which amount will be promptly remitted upon the receipt at the Treasury Department of the said certificate, bearing an endorse- ment of the collector of the customs that the seamen therein mentioned have arrived in said vessel within his district. Passages paid by consuls to intermediate ports will not be allowed without satisfactory explana- tion and proof of the delivery of the seamen at the port to which such passages were paid. 493. To obviate the excuse sometimes Passages of i i _ to Treasury De- the Seal of the cousulate or commercial partment; by ageucy, as required by the eighteenth other consular a Ji -1 J • i j. officers to De- section of the act above mentioned, of partment of ga,i(j officers Specified in Schedules B and State. C. All other consular officers will send a transcript of their respective fee books with their quar- terly returns, but with a separate despatch, to the De- partment of State. Numbering of Ih making up the quarterly transcript ^^- of fees, care must be taken to number each entry of a fee with the corresponding number on the original "receipt, which in no case must be omitted ; a failure to number the fee excites suspicion as to the correctness of the return, delays the adjustment of the account, and may lead to its suspension, and, conse- quently, the non-payment of the consul's compensation, till a transcript has been rendered in due form, or a proper explanation made. Whenever tabular statements are sent to the De- partment, such as returns of fees, amounts of in- voices, &c., the columns of figures should always be summed up. All forms and reports re- quired by the consular regulations should have all the blanks properly filled; the name of the CONSTJLAK ACCOUNTS. 271 place, the period of time covered by the return, and the signature of the consular officer, should in no case be omitted ; all these papers should be properly endorsed. 522. Consuls general, consuls, and com- . Commencement mercial agents are entitled to compensa- and termination tion for their official services, from the °^ consular A- t, 4.1, I. i-x. ■ 4. J compensation. time when they reach their posts and enter upon the discharge of their duties, to the time when they severally cease to hold their offices ; and also for such time as shall actually and necessarily be occupied in receiving their instructions and making the transit between their places of residence at the time of appointment and their several posts of duty, at the commencement and termination of the period of their official services, except in case of resignation, or recall for any malfeasance in office^. 523. If a consular officer enters upon j^^^^^^^ ^^^ his duties in a quarter partly expired, his drafts to be /., J.1111 1 iii made quarterly. first account should be made up to the close of such quarter ; each quarter ending by law on the 31st March, 30th June, 30th September, and 31st December, respectively. Afterwards, the accounts must be rendered quarterly, until the termination of the service. The drafts for salary must be made quarterly, corresponding to the quarters of the fiscal year ; drafts for a fraction of a quarter are not to be made, except for such fraction as may intervene be- tween the commencement of the salary and the close of the current quarter of the fiscal year, and for the period between the commencement of a quarter and the termination of their office. The outgoing consular 1 See Forms Nos. 125 and 126. 272 CONSULAR ACCOUNTS. officer, if present, and the incoming one should jointly certify the date on which the latter enters on the duties of his office.^ 524. It is provided by section nineteen Compensation, ^ i «? when allowed of the act, that uo consular officer or con- in cases of ab- g^j^^j. ^„gj^^ ^^g^n -^^ absent from his post S6I1C6* or the performance of his duties for a longer period than ten days at any one time, without the permission previously obtained of the President. And no compensation will be allowed for the time of any such absence in any case, except in cases of sickness and where the absence is permitted or sanctioned by the President.^ In such cases, a certificate of the fact must accompany the account, which certificate must be signed by the attending physician, as well as the consular officer. 625. Each account and draft must. Forms and cer- .■, j, ■, • j •j.v. i.*^ tificates to ac- therefore, be accompanied with a certin- company con- gate Stating the fact in regard to absence as it exists. A Form (No. 33), according to which the accounts of consuls and commercial agents for salaries should be stated, and also Forms (No. 34, No. 35, and No. 36), of the several descrip- tions of official certificates required to accompany con- sular accounts, are annexed to these Instructions. 526. Consuls are especially instructed Forms and m- x j structions to be to obsorvo Carefully these Forms and observed. Instructious in regard to their accounts, in order that all possible facilities may be afforded for the adjustment of the same, and the payment of their sal- aries under the act, without the dishonor of their drafts. 1 See Form No. 134. » Opinion of Attornery Greneral, September 21, 1857, MS. CONSULAR ACCOTJNTS. 273 527. As many of the United States , ,. . •' _ Application of consular officers are stationed at places so fees to payment remote from the United States that much of ^^''^rfe.. time must elapse in making remittances to and from the Treasury Department, and much risk be incurred, as well as loss by exchange, consuls and commercial agents are instructed to retain (of the fees which they are required to charge for certain services, and account for at the expiration of every three months) such moneys as they may receive for their official services,- as prescribed by the President, and apply the amount thus received during the quarter, at the end of the same quarter, towards the payment of their salaries, if less than the full amount thereof; if equal to their salaries, respectively, then to the extinguishment of the same. Should there be a surplus, the excess is to be held subject to the draft or order of the Secretary of the Treasury. 528. When the amount received by Drafts for sai- any consular officer on account of fees ^^■ during the quarter shall be less than his salary for such quarter, he may draw on the Secretary of the Treasury for the difference, at fifteen days' sight. It must be stated on the face of the draft that it is for the residue of salary, designating the quarter in which the deficiency occurred for which it is drawn. The account of the receipts of the consular officer during the same quarter must precede the draft, so that it may be received and adjusted by the accounting of- ficers, prior to the presentation of the draft. All con- sular officers are explicitly instructed that their drafts on account of their salaries cannot be honored unless 35 274 CONSULAR ACCOUNTS. drawn in the manner stated in these instructions, and accompanied with the ofl&cial statements and certifi- cates herein pointed out. „ , „ 629. Many of the salaried consuls have Surplus fees. "^ reported to the Department that, after the payment by them, agreeably to the instructions of the Department, of their quarterly accounts — first, for compensation; secondly, rent of office; thirdly, post- age and miscellaneous expenses; fourthly, relief of destitute seamen; fifthly, expenses incurred in sending to the United States from foreign countries persons .charged with crime; and, sixthly, expenses incurred under special instructions — there still remain in their hands considerable sums, in regard to the proper dis- position of which they have requested instructions. They are accordingly instructed that, after the pay- ment, at the close of each quarter, of the several accounts which are mentioned above, and in the order there named, whenever there shall remain in the hands of any consul a surplus exceeding one Disposition of hundred dollars, he shall deposit the surplus fees. same with Messrs. Baring Brothers, the bankers of the United States in London, taking a re- ceipt, which must accompany his next salary account, in order that he may receive a corresponding credit. Consuls at a distance from London may make their remittances by bills on London — on bankers of United States, if possible — purchased at the lowest market rates ; and the requisite evidence showing the cost of such bills must be transmitted with the proper quar- terly account. In transmitting these bills, they will be specially CONSULAR ACCOUNTS. 275 careful to request the bankers to place the proceeds to the credit of the " Appropriation for Compensation of Consuls." The bankers of the United States have been requested to open and keep an account under this head ; but no draft is to be drawn by any consul upon the bankers without proper authority from the Secre- tary of the Treasury, of which the bankers will in every case, be informed. 530. Consuls will also be very earful to transmit their quarterly accounts, accompanied by the requisite vouchers, to the Department or to the Treasury De- partment, in the manner required by the Consular Re- gulations ; and when one or more accounts are paid from the fees in their hands, they will be careful to make the proper entry on the face of the account, and also to state that fact in the despatch to the Depart- ment accompanying the account, in order that the proper entries may be made to the credit of the consul by the accounting officers in Department of State and in the Treasury Department.^ In some cases, as explained in Circular JSTo. 40, the compensation of consuls will be paid in London. It is especially incumbent on such consuls to render their accounts in the form required by the Consular Regula- tions ; and also to see that all their quarterly returns and commercial reports are promptly and regularly transmitted at the close of each quarter. Otherwise, it will certainly protract the adjustment of their respective accounts, and delay the payment of their compensation.^ ' See Circular No. 40. ^ See Circular No. 48 of the Secretary of State, dated March 8, 1864. CHAPTER XXV. OFFICIAL INTEECOUESB OF UNITED STATES CONSULAR OFFICERS WITH OFFICERS OF THE NAVY. 531. To promote harmony and concert s TOt^^'officiri '^^ action between the commanders of ships intercourse of War and consular officers of 'the United fibers °*^^ °^" S^^t^s residing in foreign ports, the follow- ing regulations have been established by direction of the President of the United States, and are promulgated for the government of the officers concerned : — 1. Upon entering a foreign port where a consular officer of the United States of a lower rank than a consul general resides, the commander of a United States ship of war will send a boat on shore with an officer on board, who shall visit the consul, and tender to him a passage to the ship. 2. Where a consul general resides, it is the duty of the commander of an American ship of war (command- , . ers of squadrons excepted) to visit the consul general, F and offer him a passage to the ship. 3. The commander of a squadron will send a boat on shore, as prescribed in the first regulation, tender- ing to the consular officer a passage on board to the flag-ship of war. Visit of a con- ^^^' ^^cording to the first regulation, suiar officer to a cousular officcr of the United States re- 276 INTEECOUESE WITH OFFICEES OF THE NAVY. 277 siding at a foreign port which is visited a United states by a ship of war of the United States, is to receive the first visit from such ship, in the person of an officer belonging to it, deputed and sent for that purpose by the commander ; and this officer is then to , tender to the consul a passage to the vessel. In such cases the consular officer will accordingly avail him- self of the proposed accommodation whenever occasion may require, both for the purpose of making the first visit to the commanding officer of the ship in question (this being a mark of courtesy due to the commission and rank he holds in the navy of the United States) , and to offer any services which his official situation may enable him to render for the convenience of the ship or those belonging to it ; and the consular officer will accordingly receive and execute any such com- mission as may be entrusted to him for these ends by the commanding officer, as far as it may be compatible with his sense of public duty. 533. According to the second and third, it shall be the duty of the commander of '^1^'' °^ ^ "'^^ •' omcer to a con- any United States vessel (commanders of sui general, and squadrons excepted) to visit the consul lat^r"'^" ^ general, and offer him a passage to the ship of war, or that of the commander of a squadron to send a boat on shore, as prescribed in the first regulation, tendering to the consular officer a passage on board to the flag-ship of war. The consul general and consul of the United States, where there are such officers, will, accordingly, reciprocate these attentions on the part of the commanders of the ships of war, or will pay the first honors to the commanding officers 278 INTEKCOUESE WITH OFFICERS OF THE NAVY. of squadrons, as the case may be ; and they will, of course, employ their good offices, as far as it may be useful or proper on their part, to promote the interests and convenience of the service in which such vessels are engaged. 534. Consuls general are entitled to a * " ^" salute of nine guns, consuls to a salute of seven guns, vice consuls, consular agents, commercial agents, and vice commercial agents, to a salute of five guns ; which salutes are only to be fired once during the stay of a man-of-war ; or in case of any special emergency, of which the commanding naval officer must be the judge, the salute may be repeated. On the first gun being fired, the boat which conveys the consular officer who is receiving the salute must stop, the oarsmen either lying on their oars or tossing them up. The consular officer will face the vessel firing the salute ; and at the end of the salute he will raise his cap in a distinct and unmistakable manner ; the boat will then proceed. ^ , 635. Consular officers will refrain from Presence of United States requesting, except through the medium reTutted^onf; «^ the Department of State, the presence in great emer- of United States vessols at the ports in gencies. their respective consular districts, unless for the protection of the lives and property of American citizens, which might be endangered by delay ; in such a case the consular officer will present to the com- mander of the vessel a statement of the facts, who will act upon his own responsibility, subject to the general or special orders he may have received from the Kavy Department. CHAPTEE XXVI. DUTIES OF CONSULAE OFFICERS IN EESPECT TO CITIZENS OF THE UNITED STATES. 536. It is the duty of a consular officer presence of (unless absent with, the permission of the consular officer President.) to be always at his post,^ to ^ " ^°^ ' watch over and protect, so far as he may be able, the commercial interests of his fellow-citizens, and to be ready to assist them with his advice, when asked, on all doubtful occasions. 537. In the event of any attempt being ^^. ^^^^^^^.j made to injure American citizens, either American citi- in their persons or property, he will strive to uphold their rightful interests, and the privileges secured them by treaty, by due representation in the proper official quarter. He will, at the same time, be careful to conduct himself with courtesy and modera- tion in all his transactions with the public authorities, and upon no account to urge claims on behalf of citi- zens of the United States to which he may not, after a faithful examination, believe them justly entitled. 538. If redress cannot be obtained from ,, , Mode of seek- the local administration, the consular offi- ing redress of cer will apply to the legation of the g™^*°ces. United States, if there be one in the country where he 1 Statutes at Large, vol. xi. p. 59. 279 280 DUTIES OF CONSULAR OFFICERS resides ; and in all cases he will transmit copies of his correspondence on the subject, with a succinct report of his proceedings, to the Department of State, and also observe strictly the instructions which he may from time to time receive upon the subject, either from the legation or from the Department. Contentions to 639. Cousular ofi&cers are cautioned not be avoided. -jq engage in any contentions with the authorities of the places where they reside, but to observe on all occasions toward them a courteous but firm and dignified demeanor ; and they will be careful to avoid the expression of private or excited feeling in their official communications. „ ^. 640. Consular officers are often called Compensation for notarial ser- upou, by their fellow-citizeus at home, or vices. ^y those temporarily residing within their consulates, to investigate titles to property, examine official records, and prepare legal or notarial papers. For compensation for such services no pro- vision is made by law ; and it cannot reasonably be expected that consular officers should perform them gratuitously. Whenever application is made to them for such purposes, they will either transact the busi- ness themselves, the rate of compensation being de- termined either by agreement or the custom of the place, or refer the individual making the request to a competent attorney or notary. Consular offi- ^41. By the twenty-fourth section of cers authorized the act of August 18, 1856, the consular to administer j^ . ii-ii iini oaths and per- Officer IS authorized, whenever he shall be form notarial required, or may deem it necessary or SGrVlCGS proper so to do, within the limits of his TOWARDS CITIZENS OF THE UNITED STATES. 281 consulate or commercial agency, to administer to or take from any person, an oath, afl&rmation, affidavit, or deposition, and also to perform any notarial act or acts, such as any notary public is required or author- ized by law to do or perform within the United States. Every such oath, affirmation, affidavit, depo- sition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, is as good, valid, and effectual, and of like force and effect with- in the United States, to all intents and purposes, as if such oath, affirmation, affidavit, deposition, or notarial act had been administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and com- petent thereto. It is further provided. Penalty for that if any person shall willfully and cor- P^ijui-y. ruptly commit perjury, or by any means procure any person to commit perjury, in any such oath, affirma- tion, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with, in any district of the United States, in the same manner, in all respects, as if such offence had been committed in the United States before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence. Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal and signa- 36 282 DUTIES OF CONSTTLAR OFFICEKS ture of the officer administering or taking the same in testimony thereof, is to be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person ; Penalty for for- and if any person shall forge any such s^'"y- seal or signature, or shall tender in evi- dence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false and counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. 542. If a citizen of the United States Offences com- t ^ i-^i • • i up n i mitted at sea "^ Charged With a Criminal ottence alleged punishable in to have been committed at sea on board States and of- ^^ ^^ American vessel, it will be the duty fenders to be of the consular officer to require that the demanded, ■■,..-,■, .,-, ii. i,i> individual so accused be delivered to him, to be sent home for trial. 643. If, however, the offence be com- Offences com- •,. i i i » . i . mitted in port- lELitted ou Doard an American vessel m a by whom cog- foreign povt, the consular officer can exer- nizable. . ..-,.,..,, cise no jurisdiction m the premises, except under the provisions of express treaty stipulation, established usage, or through the courtesy of the official authorities of the country, who, from motives of international, comity, may refer the matter, at the request of the consular officer, for adjudication to the judicial authorities of the United States. TOWARDS CITIZENS OF THE UNITED STATES. 283 544. Circumstances of recent occurrence „ . , Extent of na- make it advisable for consular officers tionai jarisdic- clearly to understand the limitation of ^°°- their consular jurisdiction over the crews of American vessels in foreign parts. The general principle of law, as stated by the Supreme Court of the United States, is, that the jurisdiction of a nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced to the consent of the nation itself, which possesses an ex- clusive right to regulate persons and things within its own territory, according to its own sovereign will and public policy.^ When private individuals of one nation spread through another, as business or caprice may direct, mjngling indiscriminately with its inhabit- ants, or where merchant vessels enter its harbors for the purposes of trade, it would be obviously incon- venient and dangerous to society, and would subject the laws to continual infraction and the government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the country. 545. If any offence be committed on ^^ •' ^ _ _ Oflences com- board any American vessel within the mitted on board iurisdictioii of any foreign State, by any ^° American ^ ^ o ' J J vessel in a for- person belonging to the company of the eign port by vessel or anv passenger, on any other per- ^^ °^ "* p^" •' ■*■ <^ '. •' ■■■ sengers or crew son belonging to the company of the punishable in ' Cranch's Eeports, vol. vii. p. 136; Story, Conflict of Laws, p. 19; Phillimore, vol. i. p. 233. 284 DUTIES OF CONSULAR OFFICEKS, ETC. the United vcsssel or any other passenger, it is pro- states, vided by law, that the offence shall be cognizable and punishable by the proper circuit court of the United States, if the offenders are brought to this country, in the same way and manner, and under the same circumstances, as if the offence had been com- mitted on board of said vessel on the high seas, and without the jurisdiction of the said foreign State.'' 546. It is undoubtedly true, that the Unuld"^ 'stetes State and Federal courts of the United Federal and States could, if they chose to do so, and State courts. i i • • would, on any proper occasion, exercise jurisdiction over any foreign merchant vessel and its company, in any of our ports, even in regard to trans- actions which might take place within our territory between the members of that company ; and they would not yield to the claim of a foreign consul to surrender that jurisdiction as a matter of right, unless granted by treaty stipulation, though, doubtless, in most cases, questions relating to the discipline of a crew on board a foreign vessel in any of our ports where there was a consular officer of the nation to which such vessel be- longed, would be permitted to be adjusted by the con- sul without the interference of the local authorities. 1 Statutes at Large, vol. iv. p. 115 ; PHllimore, vol. i. p. 356. CHAPTEE XXVII. THE EECIPEOCAL DUTIES OP CONSULAR OFFICERS AND MAS- TEES OF AMERICAN VESSELS. 547. By an act of the Congress of the Deposit of United States, approved February 28, ship's papers. 1803,^ it is in substance directed that every master of an American vessel shall, on his arrival at a foreign port, deposit his register, sea letter, and Mediterranean passport, with the consular officer of the United States, if there be one at the port, under a penalty of five hundred dollars, which the consular officer may re- cover in his own name for the use of the United States, provided the penalty be sued for within two years, the limitation prescribed by the act of seventeen hundred and ninety.^ 548. Whenever a clearance from the Delivery of proper officer of the port shall be pro- ship's papers, duced to the consular officer, he shall deliver up all the ship's papers, provided the master shall have complied with the provisions of the abdve-mentioned act, and those of the twenty-eighth section of the act of August eighteen, eighteen hundred and fifty-six. 649. All consular officers are authorized and required, by this section, to retain in dem^X to be their possession all the papers of such made before re- ships and vessels, which shall be deposited ^ Statutes at Large, vol. ii. p. 203. ^ Ibid. vol. i. p 254, note. 286 KECIPKOCAL DUTIES OF CONSTJLAE OFFICERS ■with them as directed by law, till payment shall be made of all demands and wages on account of such ships and vessels. 550. Where vessels merely touch at a Ship's papers fQj.gj„j^ pQj.t to trv the market, or are ac- not required ox ./ ' where there is cidentally driven into such port, and no formal en- ^^^^^ ^^ formal entry, it does not consti- tute an " arrival" within the meaning of the act, and the ship's papers cannot be required by the consul.^ An arrival de- 551. As some doubt has arisen in re- fined, gard to what constitutes an " arrival," the attention of consuls and commercial agents is par- ticularly called to the following extract from an opinion of the Supreme Court of the United States : - _ . . , „ " Our view, then, is, that the term arrival, as used Opinion of Su- _ j > > j preme Court as ^^ t^i^ ^'^^t must be construed according to the sub- to what consti- ject-matter, the object of the provision, and the ex- tutes an arn- pressions in other sections of this act, and in other like acts ; and that according to all these, a vessel putting into a foreign port to get information, and getting it without going at all to the upper harbor or wharfs, and not entering, or re- pairing, or breaking bulk, or discharging seamen, or being bound homewards, so as to take seamen, or needing the aid of the consul in any respect, but leaving the port in a few hours; not doing any of tiiehe, nor being required to, and duly entering and delivering her cargo at a neighboring port, where it had been sold, and there de- positing her papers with the vice consul, cannot be said to have arrived at the first port, so as to come within the spirit of the penal provision as to depositing her papers with the consul. So far as re- gards precedents on this matter, the actual decisions of one court ' United States v. Shackford, Mason's Reports, vol. v. p. 445. 2 Howard, vol. ix. p. 372. AND MASTERS OF AMERICAN VESSELS. 287 and the opinions of two Attorneys General are in favor of our conlusion.'" 552. Vessels accidentally driven into a Papers of a ves- port are not required to deposit their sei driven into papers with the consular officer,^ unless ^ ^™ " formal entry be afterwards made, or consular services required. 553. It is stated in an opinion^ of the -^^^^^ ^^ ^■^^^ Attorney General, that the body of the production of a 1 I- j?j.i ii?""i_i. 1 clearance. second section oi the act ot eighteen hun- dred and three contemplates an arrival at a foreign port, with a clearance from the proper officer of the port. It is the production of the clearance to the con- sular oflficer which gives to the master the right to demand a return of the ship's papers, and imposes on the consul the duty of returning them. 554. The proviso to the section* allows ,,,, , . , ^ When ship's the consular officer, notwithstanding the papers may be clearance from the proper officer of the port, to detain the ship's papers until certain require- ments of law shall have been complied with ; which are the payment of the fees due the consular officer for his services ;° the payment to him of three months' pay, additional to wages due, for every discharged seaman who is designated on the certified list of the ship's company as a citizen of the United States ; and the taking on board, at the request of the consular 1 Opinions of the Attorneys General, vol. iv. p. 340 ; ibid. vol. v. p. 161 ; Toler V. White, Ware, p. 280. 2 Statutes at Large, vol. i. p. 167. s Opinions of the Attorneys General, vol. vi. p. 168. * Statutes at Large, vol. ii. p. 203. ' Ibid. vol. xi. p. 63. 288 KECIPKOCAI/ DUTIES OF CONSULAK OFFICEES officer, of destitute mariners for transportation to the United States.^ 555. This right of the consular officer Limitation of ^ttaches to the register and other papers the light of a ° ^ -^ consular officer when they shall have been lawfully de- to . ship's pa- pogitg(j ^iti^ jjijn ; hut the statute does pers. ^ not compel the deposit for the purpose of giving the right of detention. 656. Neither the section of the act which Xnterpretat ion of legal pro- regards discharged seamen, nor that which visions. provides for distressed seamen, nor the regulation as to consular fees, requires a deposit of the register and other papers, although the former makes it the duty of the master to exhibit to the consul a certified list of the ship's company. And the pro- viso above cited does not enlarge the scope of the other provisions of law as to the deposit of the papers ; it only releases the consul from the duty, which would otherwise be imperative upon him, of returning the papers upon exhibition of the clearance alone.^ Duty of a con- ^^'^ ■ ^J ^^® ^^^* sectiou of the act of Buiar officer on eighteen hundred and three, it is made the feilure of a , , , . j« j.i i jxi shipmaster to ^^^ ^uty of the cousular officer, imme- deposit his diately on the arrival of an American s ips papers. yggsel, should the master neglect to de- liver his ship's papers, as he is directed by law, to inform him of the necessity of so doing, by showing him the law that requires it, and apprising him of the penalty he will incur by refusal or neglect. If he fail to comply, a certificate of the fact, under the consular ^ Statutes at Large, vol. ii. p. 204. ' Opinions of the Attorneys General, vol. vi. p. 169. AND MASTERS OF AMERICAN VESSELS. 289 seal (see Form No. 37), roust be immediately sent to the Department of State, giving a description of the vessel, the port to which she belongs, where bound, and the usual residence of the master. In such a, case, it is desirable that the consul should send some other evidence of the arrival and departure of the de- linquent master with his vessel besides that of his own certificate, as it has been held that such evidence of any fact is not sufficient,^ unless expressly or im- pliedly made so by statute.^ .558. When the ship's papers are re- r' . Papers to be ceived, they are to be kept together m as safely kept and safe a place as possible, to guard against * certificate to fire and other accidents; and the consul, on receiving such papers, shall give a certificate of the* fact (see Form No. 38), or a receipt, under seal, and make an entry in his consular record, specifying the time of delivery, the name of the vessel, the master, and the character of the papers deposited. 559. Whenever the master shall pro- ^ ,. ■^ Delivery of pa- duce the clearance of his vessel, and shall pers with a cer- have complied with the directions of the *'fi''**«- acts above mentioned, having fulfilled every lawful requisition of the consul and of the local authorities, the consul shall, without delay, deliver up the papers, with a consular certificate (see Form No. 39), under 1 Levy V. Burley, Sumner, vol. ii. p. 355 ; Waldron v. Cranch, Taunton Re- ports, vol. iii. p. 162; Church v. Hubbard, Cranch, vol. ii. p. 237; The United States V. Mitchell, Wash. 0. R., vol. ii. p. 478. 2 Since the delivery of this opinion provision has been made by the twenty- fourth section of the Diplomatic Consular act of August eighteen, eighteen hun- dred and fifty-six, to give validity within the United States to the certificates of consular officers. 37 290 EECIPKOCAL DUTIES OF CONSULAR OFFICERS seal, of the time of such delivery, and make an entry of the like period in his consular record. 560. Before a clearance is granted to Crew list to be , , , . . delivered to any American vessel bound on a foreign collector. yoyago, the master thereof is required to deliver to the collector of the customs a list, contain- ing the names, places of birth, and residence, and a description of the persons who compose his ship's company, to which list the oath of affirmation of the captain is to be annexed, that it contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them ; a certified copy written in a uniform hand, without erasures or interlineations, must be delivered to the master by the collector, for which he is entitled to receive from the master the sum of twenty-five cents. The said master must then enter into bond, with sufficient security, in the sum of four hundred dollars, to exhibit the afore- said certified copy of the list to the first boarding- officer at the first port in the United States at which All =<.a.v.<.„ ^6 sh^ll arrive on his return thereto, and named in crew then and there also to produce the per- coLtoi for. ^ ^^"^^ named therein, to the said boarding- officer, whose duty it is to examine the men with such list, and to report the same to the collector. Arrival of a ^^1. It is the duty of the collector at vessel at a port the Said port of arrival (where the same in the U. S. . ,.„ , - , ^ . different from ^^ ditterent trom the port from which the that of depart- vessel Originally sailed) to transmit a copy of the list so reported to him, to the col- AND MASTERS OF AMERICAN VESSELS. 291 lector of the port from which said vessel originally sailed. 562. It is provided, however, that the „^. ■■^ ' _ ' Shipmasters said bond shall not be forfeited on ac- bond; when not count of the said master not producing to foi^feited. the first boarding-officer, as above mentioned, any of the persons contained in the said list who may be dis- charged in a foreign country with the consent of the consular officer residing there ; which consent is to be signified in writing, under his hand and official seal, and produced to the collector, with the persons composing the crew as aforesaid ; nor on account of any such person dying or absconding, or being forcibly impressed into other service, of which satis- factory proof shall be then also exhibited to the collector.^ 563. In addition to the certified copy shipping arti- of the crew list above mentioned, a certi- '''®^- fied copy of the shipping articles must likewise be obtained from the collector of the district from which the clearance is made, containing the names of the crew, which shall be written in a uniform hand, with- out erasures or interlineations. 564. All interlineations, erasures, or ^„ ' , ' _ Effect of inter- writing in a hand different from that in Uneations, era- which such duplicates were originally ^i^^'ete- made, are considered fraudulent alterations, working no change in such papers, unless satisfactorily ex- plained in a manner consistent with innocent purposes and the provisions of law which guard the rights of mariners. 1 Statutes at Large, vol. ii. p. 203. 292 EECIPEOCAL DUTIES OF CONSULAR OFFICERS „ 665. These documents, which are deemed Consular om- cer may re- to contain all the conditions of contract quire the pro- j^j^ ^^ ^^ ^^ ^j^^-j. ggrvice, pay, duction of crew j x ^ ' list and ship- vojago, and all other things, must be pro- ping articles. ^^^^^ ^^ ^j^^ master, and laid before any consular officer or other commercial agent of the United States, whenever he may deem their contents necessary to enable him to discharge the duties im- posed upon him by law toward any mariner applying to him for his aid or assistance.^ 566. Whenever a ship or vessel belong- three™Lonths' i^g ^ ^ citizieu of the United States is wagra, when gold in a foreign country, and her com- pany discharged, or when a seaman or mariner, a citizen of the United States, is with his own consent discharged in a foreign country, it is the duty of the master or commander to produce to the consular officer the certified list of his ship's company, and pay to such consular officer for every seaman or mariner so discharged, being designated on such list as a citizen of the United States, three months' pay, over and above the wages which may then be due to such mariner or seaman, two-thirds thereof to be paid by such consular officer to each, seaman or mariner so discharged, or the residue of two months' wages, after payment of expenses which, may have been incurred by the consul for his relief, upon his engagement on board of any vessel to return to the United States, and the other remaining third to be retained for the purpose of creating a fund for the payment of the passages of seamen or mariners, ^ Statutes at Large, vol. v. p. 394. AND MASTERS OF AMEEICAK VESSELS. 293 citizens of the United States, who may be desirous of returning to the United States, and for the mainten- ance of American seamen who may be destitute, and may be in such foreign port.^ 567. The several sums retained for the geamen's fond seamen's fund are to be accounted for to to be accounted the Treasury Department by the consular officers receiving the same.^ (See Form No. 40.) 568. Whenever any seaman or mariner Desertion of a of any vessel of the United States deserts seaman. such vessel, the master or commander of the vessel is required to note the fact and date of the desertion on the list of the crew, and to have the same officially authenticated at the port or place of the consulate or commercial agency first visited by the vessel after such desertion, if the desertion shall have occurred in a foreign country; or if, in such case, the vessel shall not visit any place where there is any consulate or commercial agency before, her return to the United States, or if the desertion shall have occurred in the United States, the fact and time of desertion shall be officially authenticated before a notary public imme- diately at the first port or place where such vessel arrives after the desertion. All wages that may be due to such seaman or mariner, and whatever in- terest he may have in the cargo of such vessel, shall be forfeited to and become the property of the United States, and be paid over for their use to the collector of the port where the crew of such vessel are ac- counted for as soon as the same can be ascertained, first deducting therefrom any expense which may I Statutes at Large, vol. ii. p. 204. « iti^. yol. i. p. 203. 294 EECIPEOCAL DUTIES OF CONSULAR OFFICERS necessarily have been incurred on account of such, vessel in consequence of such desertion.^ Settlement of ^69. In Settling the account of such seamen's ac- wages or interest, no allowance or deduc- *^"°'^' tion shall be made, except for moneys actually paid, or goods at a fair price supplied, « or expenses incurred to or for such seaman or mar- iner, any receipt or voucher from or arrangement with such seaman or mariner to the contrary not- withstanding.^ .^. , , 570. When any mariner shall complain Discharge of •' ^ seamen when that the voyage is continued contrary to the voyage is j^-g agreement, or that he has fulfilled his continued con- " _ trary to agree- Contract, provided it be a lawful contract, ™®°*" the consular of&cer may examine into the subject by an inspection of the articles of agreement ; and if on the face of them he finds the complaint to be well founded, he is required to discharge the mariner, if he desires it, and require of the master an advance, beyond the lawful claims of such mariner, of three months' wages, as provided in the act of February 28, 1803 ; and in case the lawful claims of such ma- riner are not paid upon his discharge, the arrears shall from that time bear an interest of twenty per' centum. Three months' ^'^^^ ^^' bowevor, the consular officer pay, when not shall be Satisfied that the contract was a ^^^" ' legal contract and has expired, or the voyage been protracted by circumstances beyond the control of the master, and without any design on his part to violate the articles of shipment, then he may, 1 Statutes at Large, vol. xi. p. 62. » Ibid. AND MASTERS OP AMEBICAN VESSELS. 295 if he deems it just, discharge the mariner without exacting the three months' additional pay.^ 572. Upon the application of any sea- man or mariner for a discharge, if it shall ^'^'^'^^''s^ / o ' seamen under appear to the consular officer that he is any act of Con- entitled to his discharge under any act of ^'''' °' ^^"^^^ Congress, or according to the general principles or usages of maritime law as recognized in the United States, he is required to discharge such sea- man or mariner, and require from the master or com- mander of the ship or vessel from which such dis- charge shall be made the payment of three months' extra wages, as provided by the "^^ ^*^^'" act approved February 28, 1803 ; and it shall be the dutj' of such master or commander to pay the same ; and no such payment, or any part thereof, shall be re- mitted in any case, except such as are mentioned in the preceding section, and in cases of wrecked or stranded ships or vessels, or ships or vessels con- demned as unfit for service, when no payment of extra wages shall be required.^ The extra wages required to be paid by the foregoing clause of this Disposition of section are applicable to the same pur- extra wages. poses and in the same manner as is directed by the act approved February 28, 1803, in regard to the extra wages required to be paid by that act. 573. If the first officer, or the second _ burvey oi a and third officers, and a majority of the vessel, when to crew, of any vessel make complaint in ''e ordered, writing that she is in an unsuitable condition to go to sea, because she is leaky, or insufficiently supplied 1 Statutes at Large, vol. v. p. 168. ' Ibid. vol. xi. p. 62. 296 EECIPKOCAL DUTIES OF COSTSTJLAK OFFICERS with sails, rigging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores, and supplies are not, or have not been during the voyage, sufficient and wholesome, thereupon, in any of these or like cases, the consular officer of the port is required to appoint iT'qu^fil* t^o disinterested, competent, practical tions of inspec- men, acquainted with maritime affairs, to *°'^' examine into the causes of complaint, who must, in their report, state what defects and deficien- cies, if any, they may find to exist, as well as what, in their judgment, ought to be done to put the vessel in order for the continuance of her voyage.^ Duty of in- ^74. The iuspectors so appointed have Bpectors. full power to examine the vessel and whatever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends of justice may require ; and if, upon a view of the whole proceedings, the consular officer be satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval ; and if he dissents, shall also certify his reasons for so dissenting. ^. , , 575. The fourteenth section of the act Discharge oi crew and 'pay- of July 20, 1840, provides, that if the in- ment of extra gpeotors report that the vessel was sent to wages. . sea unsuitably provided in any important or essential particular, by neglect or design, and the consular officer approves of such finding, he shall dis- charge such of the crew as require it, each of whom 1 Statutes at Large, vol. v. p. 396 ; ibid. vol. ix. p. 441. AND MASTEKS OF AMEBICAN VESSELS. 297 shall be entitled to three months' pay in addition to his wages to the time of discharge. 576. If the deficiency complained of when the crew by the crew is reported by the inspectors a^ not to be to have been the result of mistake or ac- '^"^ ^'^^^ ' cident, and could not in the exercise of ordinary care have been known and provided against before the sailing of the vessel, and the master shall, in a reason- able time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty. 577. But if the master does not, in a reasonable time, remove or remedy the ™=ee mgs m ' •' case the com- cause of complaint, then the crew shall, plaint is not upon their request, be discharged, and ^^^^ °^^^ they shall receive, each, " one month's wages in addition to the pay up to the time of the discharge." 578. The master is required to pay all „ ■■■_ ■*• "^ Payment of such reasonable charges in the premises damages and as shall be officially certified to him under charges for in- spection. the hand of the consular officer; but in case the inspectors report that the complaint is without good and sufficient cause, the master may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reason- able damages for detention on that account as the con- sular officer directing the inquiry may officially certify.^ 579. The act of July 20, 1840, does not ' . , ~ _ _ Construction of change the general principle of the mari- the act of i84o time law, that seamen's wages are not due ^ ^ seamen's ' ° wages. for a voyage not performed, when no ' Statutes at Large, vol. v. p. 394. 298 KECIPKOCAI. DUTIES OF CONSTJLAE OFFICERS freiglit has been earned, when the voyage has been broken up by a disaster at sea, and when no fault is attributable to the master or owners ; nor does it put it into the power of the crew, when the vessel is obliged to put into the nearest port for safety in con- sequence of a leak caused by straining in heavy rolling seas, rendering her unable to continue the voyage until repaired, to complain of the master for such an event, cause the vessel to be sold, and thereby acquire profit to themselves by the payment of wages not earned, and the further advance of pay for three months to come.^ ,. . , 580. The act of February 28, 1803, ap- Application of i i -T the act of 1803 plies Only to the voluntary sale by the to the sale of a master in a foreign port, or by the own- ers, and not to a case where a sale is ren- dered necessary by shipwreck.^ 581. In its twelfth, thirtefenth, and four- C!onstruction of the act of 1840 tocnth scctions, the act of July 20, 1840, as to unsea- ^^^^ j^^^. apply tO a VOSSOl UOt about to worthy vessels. . sail from the port in an unsuitable condi- tion. It applies to a case where a vessel, having arrived at a foreign port, is about to sail thence on another or continuous voyage, and the crew appre- hend that their lives will be endangered because of her unsuitable condition to go to sea, and make com- plaint to the consular officer of the intention to go to sea in an improper and unsuitable condition, and state the reason of such unsuitable condition to be " be- cause she is leaky, or insufficiently supplied with sails, rigging, anchors, or any other equipment, or that the ^ Opinions of the Attome/s General, vol. vi. p. 625. * ' Ibid. p. 622. AND MASTERS OF AMERICAN VESSELS. 299 crew is insufficient to man her, or that her provisions, stores, and supplies are not, or have not been during the voyage, sufficient and wholesome." Upon com- plaint in any of these or like cases, the consular officer must appoint fit persons " to examine into the causes of complaint," as also into the condition of the vessel, and whatever is on board, and to receive any other proof.^ 582. The inspectors are to report what defects and deficiencies exist; also whe- jners; no au- thor, in their opinion, "the vessel was thority to order sent to sea unsuitably provided in any important or essential particular by neglect or design," and if they find any complaint "well founded," what ought to be done " to put the vessel in order for the continuance of her voyage." They have no authority to report a sale; the crew have no authority to ask a sale ; this act gives no authority to the consular officer to order a sale of the vessel.^ 583. This act has not deprived owners object of the and masters of vessels of the right to con- ^'^'■ suit their own interests in selling or not selling; it has not subjected vessels to the orders of sale by consuls, because vessels have in their voyages sprung aleak and put into the nearest port of safety. It is intended to redress the just complaints of the crews of Amer- ican vessels in foreign ports against being compelled to risk their lives in vessels about to go to sea in an unsuitable or unsafe condition ; to hear and redress the just complaints of mariners against being exposed to peril by the neglect or design of 1 OpimonB of the Attorneys Greneral, vol. vi. p. 622, et seq. ' Ibid. 300 EECIPKOCAL DUTIES OF CONSULAR OFFICERS masters and owners or by their mistakes or accidental omissions. 584. By the fourth section of the act of sa^TrfLmr, February 28, 1803, all masters and com- and duties of manders of vessels belonging to citizens p-mas rs. ^^ ^^^ United States, and bound to some port of the same, are required and enjoined to take on board their ships or vessels, at the request of the consular officers, such American seamen as may be found in their districts respectively, and to transport them to the port in the United States to which such ships or vessels may be bound, on such terms, not exceeding ten dollars for each person, as jnay be agreed upon between the said masters and consular officers. And the said seamen shall, if able, be bound to duty on board such ships or vessels accord- ing to their several abilities.^ Passage mo- 585. To enable the master of the ves- ney, how paid, ggj ^q obtain the payment specified, the consular officer will give him a certificate, stating the names of the seamen placed on board, and the amount to be paid for their passage ; on which, upon the arrival of the vessel in a port of the United States, an endorsement must be made by the collector of the customs at such port, stating that such seamen have arrived in said vessel in his district. When the cer- tificate so endorsed is received at the Treasury Depart- ment, the amount will be paid to its holder. Limitation of ^^^- ^^ master Or captain of any ship number of pas- or vosscl is obliged to take a greater senger seamen. t_ xi j , i ^ number than two men to every one hun- '■ Statutes at Laige, vol. ii. p. 204. AND MASTEES OF AMERICAN VESSELS. 301 dred tons burden of the said ship or vessel on any one voyage. 587. It is further provided, that if .any p^^^,j^ ^^^ ^^_ such captain or master shall refuse the fusing to take same on the request or order of the con- ^®*™®°- sular officer, such captain or master shall forfeit and pay the sum of one hundred dollars for each mariner or seaman so refused, to be recovered for the benefit of the United States in any court of competent jurisdiction. 588. The certificate of any such con- , ■; A consolar cer- sular officer, given under his hand and tiflcate to be official seal, shall he prima facie evidence ^"^^^^^ce m of such refusal in any court of law having jurisdiction for the recovery of the penalty aforesaid. 589. The act does not impose the duty of transportation upon every American t]ie"art^in°rehi- vessel found in a foreign port. For ob- tion to the des- vious reasons such a requirement might, ^^^ ^°° ° under many circumstances, operate op- pressively upon masters and owners. But the pro- vision is limited in its application to such vessels found in a foreign port as shall belong to citizens of the United States, and as shall be hound to some port thereof; and it does not apply to vessels bound to another foreign port, and thence to some port of the United States ; such a construction would apply the provisions of the act to every vessel belonging to citi- zens of the United States, wherever hound, if destined ultitnately to return home. The act does not require that masters of vessels should transport destitute sea- men, except in cases in which such vessels are bound direct to some port in the United States. 302 EECIPKOCAL DUTIES OF CONSULAE OFFICERS 590. The consular officer is the exclusive A consular offi- . /• i i • • i • i cer to decide in Judge, lu such cases, 01 the ship in which what vessels to j^g ^-^^ ggj^^j destitute American seamen to snip seamen. the United States under the conditions named above.^ Entries to be ^^^- Whenever a mariner is discharged made in cases by a cousular officer, an official entry arge. thereof shall be made upon the list of the crew and the shipping articles. 592. Whenever any master shall ship a Entries to be . "^ . . made when sea- mariner in a foreign port, he is required men are to be forthwith to take the list of his crew and shipped. the duplicate of the shipping articles to the consular officer at that port, who will make the proper entries thereon, setting forth the contract, and describing the person of the mariner ; and thereupon the bond originally given for the return of the men shall embrace each person so shipped.^ „ , „ 593. It is provided by the nineteenth Penalty for not . ^ •' complying with scctiou of the act approved July 20, 1840, cei^in legal re- ^hat if any master of a vessel shall pro- quirements. ceed on a foreign voyage without the docu- ments required by the first and second sections of the act, or refuse to produce them when required, or to perform the duties imposed by the said act, or shall violate the provisions thereof, he shall be liable to each and every individual injured thereby in damages, and shall, in addition thereto, be liable to pay a fine of one hundred dollars for each and every offence, to be recovered by any person suing therefor in any court 1 Opinions of the Attorneys Greneral, vol. iv. p. 186. ' Statutes at Large, vol. v. p. 395. AND MASTERS OP AMEEICAN VESSELS. 303 of the United States in the district where such delin- quent may reside or be found. 594 By the twenty-eighth section of Master, re- the act of August 18, 1856, it is provided, qui«d to apply i-T-i-'iini-xi 1J. e L to consular offi- that it shall be the duty of every master cersfortheper- and commander of a ship or vessel of the formance of XT "J. 1 cii J- 1 11111 oflScial services. United States, whenever he shall have occasion for any consular or other official service which any consular officer of the United States shall be au- thorized by law or usage officially to perform, and for which any fee shall be allowed by the said rates or tariffs of fees as aforesaid, to apply to such one of the said officers as may then be officiall}'^ residing at the consulate or commercial agency, if any there be, where such service shall be required, to perform such service; and the said master or commander shall pay to the consular officer such fees as shall be allowed for such service by the tariff of fees prescribed by the Presi- dent ; and if any such master or commander shall omit so to do, he shall be liable to the United States for the amount of the fees lawfully chargeable for such services, as though the said services had been performed by such officer. 595. All consular officers are author- Ships' papers ized and required to retain m their to be retained possession the papers of ships and vessels deposited with them as directed by law, till payment shall be made of all demands and wages on account of such ships and ve'ssels.^ ' Statutes at Large, vol. xi. p. 63. in certain con- tingencies. CHAPTER XXVIII. DUTIES OF CONSULAR OFFICEES IN RELATION TO SEAMEN OP THE UNITED STATES. Eeiief of sea- 596. By the fourth section of the act of '"«"• February 28, 1803, it is made the duty of consular officers to provide for American mariners and seamen who may be found destitute within their districts sufficient subsistence and passage to the United States, in tjie most reasonable manner, 'at the expense of the United States, subject to such instruc- tions as the Secretary of State shall give ; and it also provides for the m9,nner in which such mariners are to be transported to the United States.^ Belief and discharge of Seamen. 597. In order that consuls may under- Wnat seamen '' are to be re- staud what seamou are embraced within heved. ^.j^g provisious of the several acts of Con- gress relative to the relief of destitute seamen, the payment of extra wages in case of discharges from vessels, and the passage of destitute seamen to the United States, they are instructed that all seamen, who are citizens of the United States, except such as are regularly shipped in foreign vessels, and all foreigners regularly shipped in American vessels at ^ Statutes at Large, vol. ii. p. 204. 304 DITTIES IN RELATION TO THE SEAMEN OF U. S. 305 any port in the United States, are to be regarded as American seamen and citizens within the provisions of the said acts.-^ 598. The relief to be provided includes board, lodging, and clothing, also medical ™ attendance, when necessary; all to be on the most reasonable scale consistent with the comfort and proper support of the individual.^ 599. Seamen applying for relief must Examination of be examined touching the manner of their seamen. being left destitute, and the name of the vessel, and her master, on board of which they last shipped, and the time and place, and cause of discharge ; and if it shall appear from such examination that they have been discharged from any American vessel contrary to the provisions of the third section of the act of Feb- ruary 28, 1803, or of any other provisions of the said act or other laws of the United States, in every such case it shall be the duty of the consmar officer to re- port the facts to the Department of State, with such other information as may enable it to cause prosecu- tion to be instituted for such breach of -the laws, taking care to designate the places at which the necessary witnesses may be found. 600. Every consular officer is required to keep a detailed list of all mariners dis- discharged and charged by him, in accordance with the relieved to be prescribed form (No. 16), specifying their names and the names of the vessels from which they were discharged, and the payments, if any, afterwards 1 See decision, in 1855, of Judge Minot, late Fifth Auditor of the Treasury, MS. « See Circular No. 47, 1864. 39 306 DUTIES OF CONSULAE OFFICERS made on account of each, and to make quarterly official returns of the said list to the Fifth Auditor of the Treasury. 601. In all cases of relief afforded, Account to be i n it ^ ^ -i-j. kept of sums whether the seamen who have, received it expended in re- be returned to the United States or not, lieving seamen. . , j.ij • i ^ • j.i an exact account must be lurnished, in the returns made by a consular officer, of the name of the individual, and of the ship, her master, owner, and the port to which she belonged, together with the sum ex- pended, supported by vouchers, where, from the nature of the case, they can be procured. 602. Every consular officer of the Entry to be _ ■' made on crew United States is required to make an list and shij^ official entry of every discharge which he pmg articles of '' »/ . o seamen dis- may grant on the list of the crew and charged. shippitig articles of the vessel from which any mariners shall be discharged ; specifying the pay- ment, if any, which has been required in each case. (See Form No. 41.) 603. By the act of March 1, 1817,^ id^maltersfor American vessels, on arrival from foreign tonnage duty in ports, are subject to a tonnage duty of certain cases. j^/., . ■ i i^ on t fifty cents per ton, unless the officers and two-thirds of the crew are, for the whole voyage, American citizens. Whenever applica- ^r^officera°^hi" *^^^ ^^ made by the master of an American discharging vessol for the discharge of a seaman, he merican sea- j^gjjj^ ^^ American citizen, the consular men. '-' ' officer will be careful to remind the said master that the consular certificate of the discharge ^ Statutes at Large, vol. iii. p. 352. IN RELATION TO SEAMEN OF THE V. S. 307 will not exempt his vessel from the payment of the tonnage duty incurred as above. The only exemption provided by law is in cases of sickness, death, deser- tion, or being made prisoners of war, which must be ' respectively certified by a consular officer of the United States. (See Form No. 42.) The attention of con- sular ofl&cers is specially called to the liability which may thus be incurred, the Treasury Department having no power to remit the penalty.'^ 604. Whenever application is made to a . ,. *• ^ , J^J- Application tor consular officer for the discharge of a sea- discharge of man, he will be guided by the provisions of ^^™^°- the twenty-sixth section of the act of August 18, 1856, and the two following sections of these Instructions.^ 605. Consular officers are specially in- structed, that if they discharge any sea- ^eT" Tccount^ man or mariner, and neglect to require able for the. ex- the payment of the extra wages required ^^ '"^s^^- to be paid in such case by the act of February 28, 1803, or that of July 20, 1840, so far as those acts remain in force under the act of August 18, 1856, and to collect the same, they are accountable to the government of the United States for the full amount of its share of such wages, and to such seaman or mariner to the full amount of his share thereof. If any seaman or mariner shall, after his Expenditures discharge, incur any expense for board for the relief of ., -ij.! i_ 1 a seaman to he or other necessaries at the port or place deducted from of his discharge before shipping again, his share of the such expense shall be paid out of the ^^ adages. 1 Decisions of the Treasury Department, No. 63, edition of 1856, p. 77. * Statutes at Large, vol. xi. p. 62. 308 DUTIES OF CONSULAE OFFICERS share of the three months' extra wages to which he is entitled, which shall be retainpd for that purpose, and after the payment of all expenses thus incurred, the remaining part of such share only is to be paid over to him when he shall have engaged on board of some vessel. In cases of wrecked or Extra wages ; when not to be stranded ships or vessels, or ships or required. vesscls Condemned as unfit for service, or sold in a foreign country in consequence of being stranded,^ no payment of extra wages is required. 606. Consular officers are not to dis- Keasonable i j» t i x • i j? . , charere a seaman tor slight or veniai oi- cause required & » for the dis- fencos, and certainly not for a single of- argeofasea- £gj^gg uuless of a Very aggravated cha- racter.^ If the charge be negligence, drunkenness, disobedience, or dishonesty, the ques- tion should be, whether the misconduct was of such a degree as to show an habitual inattention to or un- fitness for duty, having always in view the partic- ular station of the party and the nature of his duty. If the allegation be that the seaman is a dangerous person, from a spirit of insubordination, or hostility to the master, it has been held that the master must show that the danger is such as would affect the mind of a man of ordinary firmness. But even in cases of aggravated offences, or of a continued course of con- duct which would justify the discharge of a seaman, if he repents and offers amends, the principle which is always operating in his favor against all kinds of forfeiture, with very rare exceptions, intervenes to ■ Opinions of Attorneys General, vol. i. p. 148. 2 Ibid. vol. ii. p. 256, 468. IN EELATION TO SEAMEIST OF THE U, S. 309 restore him to his rights, and he is ordinarily enti- tled to be received again on board. To deprive a mariner of the benefit of this rule, it should appear that the misconduct amounts to a radical disqualifica- tion, as dishonesty and habitual drunkenness in a steward ; or that the party is really dangerous to the peace and safety of* the ship. These principles re- ceive additional force from the general policy of the laws of the United States, which discountenances the discharge of seamen in foreign ports. The various enactments in respect to destitute seamen sufficiently show the parental solicitude of the government for the preservation and protection of the seamen of the country.^ 607. The two months' extra wa^es are ^ ° Extra wages; not to be paid in any case, unless the when to be paid person so discharged has engaged on *» seamen. board of some vessel as a seaman, or to return to the United States, and does not previous to his sailing- become a charge upon the consulate ; in the latter case only the residue of the two months' extra wages is to be paid to him.* 608. If no occasion offers of a direct „, . Shipment of return, an engagement on board of an seamen to an American vessel ultimately to return will intermediate •^ port. be sufficient ; or if no such vessel offers, the seaman will be entitled to his two months' wages on his shipping and departure for an intermediate, convenient port, provided the consular officer has incurred no expenses which will absorb a part or the 1 Cnrtis's Merchant Seamen, pp. 149, 150 ; Ware's E. pp. 65, 325. ' See Circular No. 34, 1863. 310 DUTIES OF CONSULAR OFFICEES whole thereof; a statement of the circumstances should at the same time be transmitted to the consular officer at such intermediate port.^ 609. The following letter, addressed by the Fifth Auditor, on the 21st of September, 1860, to the Secre- tary of State, exhibits quite fully the views of the Treasury Department in regard to the payment of extra wages : — " I have the honor to acknowledge receipt of your letter of 19th instant, covering letter from Captain Pendleton, and, also, two com- munications from the U. S. consuls at London and Leeds, respecting the interpretation of the acts of Congress, as to the payment of extra ■wages in certain cases, transmitted with a view to obtain such infor- mation as I might be able to furnish. " Tn reply, I would respectfully remark that the several acts of Congress, from the act of February 28, 1803, to the act of August 18, 1856, with one exception, to be stated hereafter, contemplated that upon the discharge of American seamen in foreign ports, ' the extra wages,' etc., should be demanded by the consular officer, at such ports, as a general rule, to be relaxed only in a few cases, where both master and mariners were the objects of a common disaster, such as the wrecking or stranding of their vessel, or its condemnation for * unseaworthiness. " The act of July 20, 1840, authorized the consular officer, if he deemed it expedient, upon joint application of the master and mariner, without requiring the payment of extra wages, or any other sum of money, to grant such discharge ; but so many and great were the incon- veniences and expenses resulting from this change of policy, as it had prevailed from the year 1803, that, in 1856, the act of 1840 was re- pealed and the discretion exercised by consuls under that statute revoked. " The existing laws recognize the authority of consuls to discharge for certain causes, which for convenience may be classified under the following heads: — First, mutual consent; secondly, well-founded » See Circular No. 34, 1864. IN BELATION TO SEAMEN OF THE V. S. 311 complaint of master ; thirdly, well-founded complaint of mariner ; fourthly, sickness ; fifthly, sale of ship in foreign country ; and, sixthly, other causes to be determined by the consul, with a due regard to the interest of the government and the rights and relations of the master and seamen. " But, whatever may be the cause for which the construction of discharge is granted, the specific requirement of the law as to pay- payment of extra wages is so uniform, and the con- ™®°* °*^ ^^'"^^ suls are so frequently and explicitly reminded of their ^^ duty to collect them, and of their responsibility in case of default, that upon a re-examination of authorities, I find no reason to modify the general rule, laid down in a circular from this office, dated August 22d, 1859, which is as follows: — " ' No discretionary power is vested in the consul to exact or remit the payment of extra wages, etc., according to his peculiar views of a given case. The law requires their payment in every case where the act of Congress does not, on its face, state the exception.' " But, while, in my opinion, the law is thus stringent, it is equally clear that it was never the intention of the law to exact extra wages except in a proper case, viz., in case of a discharge. The policy of the government is to discountenance discharges ; and, as one of the means to effect that end, it requires the payment of the extra wages ; but, if its interposition is invoked for the purpose of carrying into efiect the intentions of the parties, or to give relief against insubordi- nation on the one part or oppression on the other, or, in its humanity, to relieve the distress of the sick and helpless seaman, there is a cor- responding and compensating benefit provided for the master, which he is entitled to receive, and which- can only be made serviceable to him when the law is completely executed by a discharge, evidenced by the signature and official seal of the consular officers. " The act of February 28, 1803, requires the master to enter into bond, with sufficient security, in the sum of four hundred dollars, conditioned for the return to the United States of each and every person composing his crew. To the performance of this condition the master is bound absolutely, unless he shall produce to the col- lector of the port of arrival a certificate of discharge regularly signed and sealed by the consular officer of the United States, granting the discharge, or satisfactory proof of the death, desertion 312 DUTIES OF CONSULAR OFFICEKS or forcible impressment of such person or persons of his crew as he may fail to produce. ***** "The law upon the subject in hand has been characterized as harsh and exacting ; but I am persuaded that it rests upon a wise and benevolent policy, and, when properly enforced, it is productive of good results. Hard cases must sometimes occur, but these are the ' quicksands of law ;' their existence may be regretted, but should never be allowed to interrupt the harmonious and proper operation of the law itself. " The papers relating to the care are herewith returned." ^ Insubordination and Mutiny. ^. , ,. „ 610. Great care must be taken, in all Msobedience of . _ mariners on cases of accusations against mariners by Bhipboard. their officers, not to confound a simple and casual disobedience of orders with the crime of mutiny, which has in some cases been made in order to justify a discharge of seamen in a foreign port, con- trary to the provisions of the act. In this, as in all cases, consular officers are particularly instructed, while on the one hand they are to support the masters of vessels in the exercise of their proper authority, on the other they are equally required to discourage and prevent all oppression of seamen by their officers. Services of lo- 611. For the purposo of " discoun- caipoUce. teuaucing insubordination," when the fact is brought within their official notice, consular officers may request, if they find it absolutely necessary, the assistance of the local police to arrest and secure the oflfender, and cause him to be put on board of a ship to be sent home to the United States, or to be ' Letter of Hon. B. Fuller to Hon. Lewis Cass, Secretary of State, September 21, 1860, MS. m RELATION TO SEAMEN OF THE U. S. 313 temporarily imprisoned, by permission, within the consular district. 612. Consuls are not to incur the great expense of sending a seaman to the United States for trial for a petty offence, nor in any case, unless the crime with which the seaman is charged is of an aggravated character and the evidence is such as to render it probable that a conviction can be obtained. 613. Any deliberate disobedience, on insubordina- the part of a mariner, of any justifiable 'io"- order of his commander in relation to the business of his ship, without regard to the tone or manner of the order, is an act of insubordination subject to immedi- ate punishment by the commander and to the consular jurisdiction intended to be given by the act of 1840.^ Every ship-master is bound, however, to ,. . . •^ •■■ ' ' Limitation of treat his men with humanity ; and this the power of a obligation is not the less imperative be- ^hip-master. cause stipulations, which may look like restrictions on his power, are not inserted in the shipping articles ; and a seaman who is subjected to cruel and oppressive treatment on the part of the master may abandon the vessel before the termination of the voyage, without subjecting himself to a forfeiture of wages.^ 614. Consular officers are required to , , ,. ^ Insubo r d 1 n a - discountenance insubordination by every tion to be dis- means in their power; and where the <=°"°te°'^'=«'i. local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. 615. Before calling upon the local officers for as- > Statutes at Large, vol. V. p. 295. ^ War Js R. pp. 104, 115. 40 314 DTTTIES OF CONStTLAK OFFICERS sistance, a consul should make himself thoroughly- familiar with the provisions of the treaties existing between the United States and the country where he resides. * In some countries the right is granted by- treaty stipulation, in ethers it is simply a matter of courtesy, and the consul's course should be directed by the circumstances of each case. 616. Consular officers have no right, ftTp^Tr of liowevel-, to exercise any authority on consular offi- board of a vessel, if the officer in com- ki^d°° ^^^^' ^^^^ is obeyed by his crew, or by a suf- ficient number of them to enable him to navigate the vessel ; but the lawful authority of the captain or master of a vessel is to be maintained, if necessary, by the aid of the consular officer. Strin- gent measures should not be resorted to, unless with great caution, as they are only justified by the strong- est necessity, and may subject the consul to prosecu- tion in the United States.^ „ . 617. If American seamen arrive in an Mutiny. American vessel at any port within the jurisdiction of a United States consul, and such sea- men refuse to do duty, and the vessel is bound to the United States, they should be confined on shipboard by the captain, and not be discharged by the consular of- ficer, unless, in the exercise of his best discretion and judgment, the case is one that imperatively requires the adoption of such a course ; in which event, the con- sular officer should make it clearly evident in his report to the Department. If the captain is able to navigate his ship, and proceed to the United States 1 Ware's E. pp. 104, 115. IN RELATION TO SEAMEN OF THE TJ. S, 315 with them all on board, he should do so ; but in case the vessel would probably be endangered thereby, he should deliver so many to the consular officer, to be sent home for trial, as will relieve him from any reasonable fear of a revolt among the crew or the capture of the vessel. 618. If the vessel is outward bound, ,^ ,. ' Mutineers to be and the crew mutiny, the mutineers sent to the Uni- should be delivered to the consular of- ^^-^ States. ficer to be sent home ; and until such an opportunity offers, he should take the best care of them he can, with the aid of the local authority, which may be requested by the consular officer in cases of great emergency. It is to be remembered, as above stated, that such aid cannot be demanded as of right, except in cases of treaty stipulation to that effect. 619. Whenever piracy, mutiny, or any other grave offence against the laws of i^r officer in United States, shall have been committed «^es of piracy or mutiny. on board of any vessel of the United States coming into the consular district, it is the duty of the consular officer, after taking the depositions necessary to establish the facts, to apply to the local authorities for means to secure the offenders while they remain in port; he will provide the means to send them, without delay, to the United States for trial ; and in all such cases, where the vessel on board . of which the offence was committed is not bound to the United States, he is directed to procure two of the principal witnesses to be sent home with the ac- cused ; and he will at the same time, transmit certi- fied copies of all the depositions he has taken in rela- 316 DUTIES OF COSrSTJLAB OFFICEES tion to the offence, an exact detail of all its circum- stances, and such information as may be necessary to secure the conviction of the offenders, to the United States attorney of the district to which the prisoners are sent, and also a brief synopsis of the same to the Department. The consular officer will be especially careful to specify particularly the names and resi- dences of all the witnesses whose testimony may be necessary at the trial ; and he will, if possible, in all cases send the offenders to the port in the United States from which the vessel cleared. 620. He will also be careful not to subject the government to the great expense incurred by the transportation of seamen to the United States, and by their imprisonment and trial in this country, un- less the facts are of such gravity and importance as to warrant the adoption of such a course. Ship-masters in foreign ports are subject, on the requisition of the consul, to take on board and convey to the United States distressed mariners ; but not sea- men or other persons accused of crimes, and to be transported to the United States for prosecution.^ Desertion? Deserters to be 621. In couutries with which the apprehended. United States have stipulations by treaty or convention to authorize it, or where it is permitted by the local authorities, consular officers may appe- hend deserters as fugitives from justice, and imprison them until required by their commander. 1 Opinions of Attorneys General, vol. vii. p. 722. See, also, vol. iv. p. 185. ^ Abbot on Shipping, sections 174, 175, 644, 652. IN EELATIOlir TO SEAMEN OF THE IT. S. 317 622. It is required by the twenty-fifth Duty in case of section of the act of August 18, 1856, that the desertion of 1 . it a seaman. whenever any seaman or mariner oi any vessel of the United States shall desert such vessel, the master or commander of the vessel shall note the fact and date of the desertion on the list of the crew, and the same shall be officially authenticated at the port or place of the consulate or commercial agency first vis- ited by the vessel after such desertion, if it shall have occurred in a foreign country. (See Form No. 43.) 623. Desertion is a grave offence ; in the Desertion de- sense of the maritime law, it has been de- ^^^d. fined to be a quitting of the ship and her service, not only without leave, and against the duty of the party, Jmt with an intent not again to return to the ship's duty. There is thus a distinction taken between a mere absence without leave and a final quitting of the ship with the intention of not returning to it. The former absence is punishable with greater or less forfeiture of wages ; the latter is the offence which incurs the for- feiture of all wages. It is desertion wantonly to neglect or refuse to rejoin the ship, after an absence with leave, when ordered to return ; but it is not deser- tion, when a mariner, through excess of indulgence, overstays his time of leave, and when he has not re- fused or neglected to comply with an order to return ; it is not desertion to leave the ship on account of cruel and oppressive treatment; or for want of sufficient provisions in port, when they can be procured by the master ; or when the voyage is altered in the articles without consent.^ 1 Curtis's Merchant Seamen, pp. 129, 131 ; Sumnerfs R. vol. i. p. 373; Ware's E. p. 313. 318 DUTIES OF CONSULAR OFFICERS 624. It haviiiff been found that the Examination of . seamen in case power vested in consuls by the fourth of desertion. ggction of the act of February 28, 1803, has, in many instances, been so injudiciously exercised that a provision for the relief of mariners and seamen of the United States who may be found destitute within their districts has often become a premium for deser- tion, consular officers are hereby specially enjoined, in the case of every deserter who may apply for the benefits of this act, to ascertain clearly and satisfac- torily that he is justly entitled to the same, and that his leaving the ship was caused by improper or cruel treatment, or otherwise justifiable. 625. In all cases where deserters are months' pay^i! apprehended,^ the consular officer should to be required inquire iuto the facts ; and, if satisfied tionr^" ^^ ^^^^ *^® desertion was caused by unusual or cruel treatment, the mariner may be discharged, and receive, in addition to his wages to the time of the discharge, three months' pay; and the officer discharging him must enter upon the crew list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto officially. Justifiable de- 626. The benefits of the said act are Bertion. somctimes imperatively invoked, as in the case of a mariner driven from a ship by intolerable treatment — ^treatment proceeding, sometimes, from reckless cruelty, and sometimes, as is believed, with a design to make the seaman leave his vessel when his services have ceased to be of value for the completion ' See Opinions of Attorneys General, vol. vi. p. 148. IN RELATION TO SEAMEN OF THE U. S. 319 of the cruise.^ But, in meeting the requisition of such unfortunate seamen, consular officers are cautioned so to use the funds appropriated by Congress as not to encourage sailors to break their shipping engagements from a confidence that in so doing they do not forfeit their claim to relief and protection at the hands of consular officers. Wages of Seamen.^ 627. The general rule in regard to the „ , , ° , ° General rule re- wages of seamen is, that such wages on spectmg wages board of merchant ships are payable out °^ seamen. of the earnings for freight; and if no freight is earned, by reason of the perils of the sea or capture by the enemy, and not by the fault or neglect of the master or owner, no wages are due. 628.. The maxim that "freight is the ^ ° _ Formilla. mother of wages" is a formula which, though it has obtained general currency, is to be care- fully scrutinized in its application. A distinction is to be made between those accidents by which the voy- age is interrupted and the freight lost without the fault of the owner or master, and other causes arising from the acts of the owner or master.* 629. If the voyage or freight be lost by g^^^^„. ^,^^^ the negligence, fraud, or misconduct of entitled to the owner or master, or voluntarily aban- ^^^^' doned by them ; if the owner has contracted for freight upon terms or contingencies differing from the general 1 Circular No. 48, 1864, p. 8. ' Abbot on Shipping, sec. 619, et seq. ' Curtia's Merchant Seamen, p. 270, et seq. 320 DITTIES OF CONSULAE OFFICEES rules of the maritime law ; or, if lie has chartered his ship to take a freight at a foreign port, and none is to be earned on the outward voyage — in all these cases the mariner is entitled to wages, notwithstanding no freight has accrued. 630. Where freight is, or might he. Wages when o j u i freight is or earned, wages are due for the full period might be ^^ employment in the ship's service, earned. i- ^ ^ ^ a ^ whether the freight is actually received by the owner or not. No private contract between the owner and the shipper, with regard to freight, can affect the right to wages. 631. If the vessel and cargo are lost on Sfby'^ship- *^® outward voyage, before any freight is wreck on the earned, and no part of either is saved by ^twar voy- ^^^ crow, the wagos of the seamen are also lost, and the original contract there- for is annulled, but the advance wages are not in such case to be returned. 632. If the vessel is losj; on the home- tYe''^Ye3se7''™ ^^^^ ^ojago, and freight has been, or wrecked on the might havo been, by the general princi- omewar voy- ^j^^ ^^ j^^^ earned to an outward port, the wages for the outward voyage to that port are deemed to have been earned. No abatement is to be made from the wages in case of the freight being partially lost or diminished by maritime acci- dents or perils. Whole wages ; ^^^- ^^ freight is earned, whether it be when to be large Or small, the whole wages, which are deemed to have been earned, are to be paid without deduction. IN RELATION TO SEAMEN OP THE U. S. 321 When the vessel is lost between inter- ,„, When the ves- mediate ports, the wages are to be calcu- sei is lost be- lated up to the last port of the delivery '^'"" '""^"^^ , ^ *' Qiate ports. or receipt of cargo, and for half the time that the ship lies there. 634. Where a voyage is divided by proportional various ports of delivery, a claim for pro- '^*s^- portional wages attaches at each of such ports of de- livery upon safe arrival ; and all attempts to evade or invade that title, by renunciations obtained from the mariners without any consideration, by collateral bonds, or by contracts inserted in the body of the shipping articles, not usual, not fully explained to these illiterate and inexperienced persons, are ineffectual and void. Protection and Care of Seamen. 635. It is provided by the sixteenth complaints of section of the act of July 20, 1840, that seamen to he the xrew of any vessel shall have full ^^ ' liberty to lay their complaints before the consular officer in any foreign port, and shall in no respect be restrained or hindered therein by the master or any officer, unless some sufficient and valid objection exist against their landing ; in which case, if any mariner desire to see the consular officer, it shall be the duty of the master to acquaint him with it forthwith, stating the reason why the mariner is not permitted to land, and that he is desired to come on board ; whereupon it shall be the duty of such officer to repair on board and inquire into the causes of the complaint, and pro- ceed therein as the act directs.^ 1 Circular No. 48, 1864. 41 322 DUTIES OF CONSULAK OFFICERS Consular pro- ^^^- One essential object of the coiisular tection of sea- appointment is the protection of American ™^°' mariners — a class of our fellow-citizens whose habits of life require a kind guardianship of their persons and interests in foreign countries, but at the same time a strict vigilance over their conduct. The law makes it the duty of American consular of- ficers to provide, at the public expense, for all mariners and seamen of the United States merchant marine^ who may be found destitute within their respective districts. It is no bar to their relief that they haive been left abandoned by the wreck of their vessel, or otherwise, on a foreign shore. They are still "mariners and sea- men of the United States," and the circumstance of their destitution entitles them to all the benefits and protection provided by the fourth section of the act of February 28, 1803. They are within the words of the act, and they are within all the reasons of humanity and policy which dictated its provisions.^ 637. The principles which have hereto- Jeffferson and ^'^^^ ^^011 established in regard to the pro- Mr. Webster tection, as distinguished from the relief touching sea- ^£ seamen, are plain and well settled. The rule laid down by the distinguished person who first held the office of Secretary of State, Mr. Jeiferson, was, "that the vessel being American, shall be evidence that the seamen on board are such ;" and, fifty years afterwards, it was re-stated with no 1 Opinions of the Attorneys General, vol. iii. p. 683. ^ Opinion of the Attorney General, May 12, 1852 ; see also Opinions of Attorn neys General, vol. v. p. 547. ISr EELAXION TO SEAMEN OF THE TJ. S. 323 less precision by one of the most eminent of American statesmen, "that in every regularly documented mer- chant vessel the crew who navigate it will find their protection in the flag which is over them."^ ' Mr. Webster to Lord Ashburton, Works of Daniel Webster, vol. vi. p. 325. CHAPTEE XXIX. THE DUTIES OP CONSULAR OPPICEE8 IN RELATION TO WRECKS.' 638. By the third section of the act of ^T "officers Congress of April 14, 1792, consular offi- in cases of wrecks. cers, in cases where ships or vessels of the United States shall be stranded on the coast of their respective consulates, are required, as far as the laws of the country permit, to take proper measures, as well for saving such ships or vessels, their cargoes, and appurtenances, as for storing and securing the effects and merchandise saved, and for taking an inventory or inventories thereof; and the merchandise and effects saved, with the inventory or inventories, must, after deducting therefrom the ex- pense, be delivered to the owner or owners. But no consular ofl&cer is permitted to take possession of any such goods, wares, merchandise, or other property, when the master, owner, or consignee thereof is present, or capable of taking possession of the same.^ Course of pro- ^39. In the execution of the duties ceeding. prescribed by this part of the act, every consular officer is instructed that all vessels, parts of vessels, and any portion of their cargo, belonging to citizens of the United States, saved, and brought into ' Wheaton's El., Appendix, 931-939. ' Statutes at Large, vol. i. p. 225. 324 DUTIES IN EELATION TO WRECKS. 325 the consular jurisdiction after being wrecked, or in consequence of any disaster at sea, are to be proceeded with in the same manner as if the vessel had stranded within the consular jurisdiction ; and if salvage be claimed and allowed by a competent tribunal, the remainder of the effects, or the proceeds thereof, if sold, shall be disposed of in the same manner as is directed in the following chapter of these Instructions respecting the estates of persons dying intestate : pro- vided, in the case of salvage, that the court deciding the same will permit the consular officer to receive the effects and remainder of the property after the salvage is paid. 640. In some countries (as in Sweden) „ , . ^ ' Owners inter- chartered companies have the privilege est to be pro- of taking possession of all property *^*®'^" wrecked; in others, it may be vested in particular magistrates or officers. In such cases the consular officer is not to interfere with the legal function of the proper officer, but he may ask leave, as the representa- tive of the absent master or owner, or as his official adviser if he be present, to assist at the taking of the inventory, the sale, and all other proceedings in rela- tion to the property. It is his duty to protect the interest of the owner, and, if his reasonable requests are not complied with, to take the necessary evidence of the facts in the case, and transmit it to the Depart- ment of State. 641. When any American vessel is Vr recks of wrecked within his jurisdiction, the con- American ves- sular officer is to give immediate notice seis to be re- to the Department of State, naming the ^°'^ 325 326 DUTIES OF CONSULAR OFFICEES vessel and her owners or master, and giving in detail as many of the circumstances attending the loss of the property as may be known at the time. Disposition of 642. When there is no impediment property. from the laws of the country, all proceed- ings in relation to property wrecked are to be the samp as those prescribed in the case of property of in- testates, and so also with regard to the taking posses- sion and disposing of whatever effects, whether wrecked, abandoned, or otherwise unrepresented, within a consulate, belonging to any citizen of the United States.^ Legal proceed- ^^^^ "^ consular oJEcor is allowed to in- ings may be in- stituto proceedings for the recovery of property in behalf of citizens of his own country, although they may be unknown to him ; yet restitution cannot be decreed without specific proof of the individual proprietary interest.^ 644. Whenever a consul or commercial Kescue of American sea- agent shall receivc authentic intelligence men by foreign ^^ ^j^^ roscuo from shipwrock of soameu vessels to be _ _ •■■ reported to De- Or citizcus of the United States by the Stete"^"* ° ^ master or crew of any foreign vessel, he will, without delay, transmit to the De- partment a statement of the facts, including the full name of the master of the foreign vessel and of the country or port to which he may belong, and also the names of such of the crew as may have especially dis- tinguished themselves. This statement will be laid before the President, who is expressly authorized by 1 Toler V. White, Ware, p. 287 ; Henshaw's Manual, p. 113. 2 Wheaton, vol. x. p. 67 ; Mason's R., vol. i. p. 21. IN EELATION TO WEECKS. 327 Congress to make suitable acknowledgments to the masters and crews of foreign vessels for their services in rescuing from shipwreck citizens and vessels of the United States.^ The consular officer will state in his report the names of the passengers and crew who may- have perished, and also of the survivors, and what dis- position has been made of them. 645. He will promptly render such as- Assistance to be sistance as may be in his power to his rendered. shipwrecked countrymen, and institute, whenever it is practicable, energetic proceedings for the protection of their property ; but this instruction gives no au- thority to incur any expense therefor' in the expectation of its being defrayed by the Department of State ; the appropriation for the relief and protection of American seamen in foreign countries, which is made by Con- gress, not being applicable to such purpose.^ When- ever it is necessary for the safety of the property, the consular officer will apply to the local authorities for assistance. 646. He will carefully collect and pre- papers to be serve all the papers and documents re- preserved, latin g to the ship or its cargo, or to the passengers, and deliver them to the parties to whom they belong, or to the representatives of such parties ; or, in the event of their death or non-appearance, he will trans- mit them to the Department of State. ' Statutes at Large, vol. xi. p. 28. ' In a few instances Congress has made special appropriations for the relief of consuls who have, in the exercise of their duties, been called upon to expend con- siderable sums for the relief of their shipwrecked countrymen, not being seamen of the United States. But such cases are always regarded as "extraordinary emergencies," and not as precedents to be followed, all the circumstances of which are subjected to severe scrutiny. CHAPTER XXX. DUTIES OF CONSULAR OFFICERS IN RELATION TO THE ESTATES OF INTESTATES. Duties of a con- s u 1 a r officer touching un- represented American pro- perty. wrecks or them, for appears.^ 647. The duties of a consular officer respecting the property of Americans re- late mostly to the personal estates of citi- zens of the United States who die intes- tate within his consular district, or to other abandoned property belonging to which no owner or legal representative Notice to be published of the death of American citi- 648. For the information of the repre- sentatives of the deceased, the consular officer is directed to cause a notice of the death of every citizen of the United States dying intestate within his consular district to be published in some newspaper of the country, and also to forward a like notice to the De- partment of State, that the same may be published in the State to which the deceased belonged ; he will also communicate any information which he may have obtained respecting the residence of the family and friends of the deceased. Perishable 649. By the secoud clause of the second property to be gectiou of the act Concerning consular of- • Henshaw's Manual, p. 101. DUTIES RELATIVE TO ESTATES OF INTESTATES. 329 fleers, approved April 14, 1792, whenever soU, and under what ( ' stances. a citizen of the United States, other than ^^''' *^"="'^- seamen belonging to any ship or vessel, shall die within the consular district, it is made the duty of the consular officer to take possession of his effects, and to sell at public auction such part of them as may be of a perishable nature, and such further part as may be necessary for the payment of the debts of the deceased.-' In order to execute this power, the following are prerequisites : that the laws of the country permit such administration, or that it be stipulated by treaty or convention; or that the person has died without any legal representative, partner in trade, or trustee, to take care of his effects. 650. An inventory must be taken, in inventory to be the first instance, of all the effects of the *^'^^°- deceased, with the assistance of two merchants of the United States, or, for want of them, of any other two respectable persons. This inventory must be entered in the proper consular record book. 651. In performing this branch of the selection of ap- consular duty, careful attention is re- praiseis. quisite. Merchants of respectable standing are to be selected as the assistants of the consular of&cer. Although appraisement is not mentioned in the act, consular officers are instructed to have the apparent value of every article affixed to it. 652. If among the papers of the de- ceased are found any evidences of debts, ^ej,t ^^ ^ ij,. although they may not be due in the con- eluded in the it they are to be plac statutes at Large, vol. i. p. 255. sular district, yet they are to be placed ™^^" ^^' 42 330 DUTIES OF CONSULAK OFFICEES in the inventory for the information and security of individuals in the United States who are interested. 653. The commercial books of the de- Commercial , , . , i • ii • j. and letter ceased are to De placed m the inventory, books to be cer- a^^j particularly described, the number of pages that each of the said books con- tains being mentioned ; and the consular officer will place a certificate, signed by himself, at the begin- ning and the end of each book, in such manner as to prevent any addition being made to them. The letter books of the deceased are comprehended in the term commercial books. 654. The consular officer will also col- What credits to be collected, lect the debts due to the estate of the and what debts (jgceased iu the country where he died, to be paid. '' and, with the amount thus collected, pay the debts which the deceased may have there con- tracted ; but he is to pay no claim, not reduced to a judgment, for damages on account of any wrongful act alleged to have been done by the deceased.^ Signification of 655. If among the effects of the de- " effects." ceased (the word "effects" being one of very comprehensive signification, and embracing property of every description, inclusive of debts due) are found certificates of foreign stocks, loans, or other property, the consular officer is directed to charge on the amount thereof such commissions, if any, as are authorized in the consular tariff of fees on the settle- ment of estates of American citizens ; also to report the amount in his quarterly statement of fees, and, if a salaried consular officer, to hold the same subject to 1 Sturgis V. Slacum, 18 Pick. p. 36. , IN KELATION TO ESTATES OF INTESTATES. 331 the order of the Treasury Department ; but he is not to embrace in the inventory such personal estate as the deceased may have left in the United States, or beyond the consular district. The consular oflBicer, from the necessity of the case, acts as the collector of the effects within the consulate ; the provisions of law do not extend his power beyond this necessity. The personal estate of the deceased in the _. . . ^ _ Disposition of United States remains to be administered personal pro- by the leo-al representative at home, "^^^^ ^* ^°'^^ . , , « , 'and abroad, according to the laws of the State or dis- and limitation trict to which the deceased belonged. °^ *® consular power. Under the provisions of the second sec- tion of the act above mentioned, the consular officer is " to take possession of the personal estate left by any citizen of the United States," where "the laws of the (foreign) country permit," which, of course, must be the personal estate left within the jurisdiction of such foreign country. He is only to collect " the debts due to the deceased in the country where he died." In like manner, he is not to pay the debts due from the deceased at home, but only such debts as " he shall have there (in the foreign country) contracted."^ 656. The consular officer is further saie of perish- directed to sell at auction such part of the ^^^^ property. estate as shall be of a perishable nature.^ All sales of the property of the deceased must be at "auction, after reasonable public notice." In the execution of this duty, the consular officer is instructed to give the same previous notice that is directed by the laws of • Instructions to Consul Walsh, MS., September 2, 1845. ' Statutes at Large, vol. i. p. 255. 332 DUTIES OF CONSITLAR OFFICEES the country for the judicial sale of property in execu- tion, and at some public place; but whether it be required in judicial sales or not, the notice must be given in at least one of the newspapers of the place, if any be printed there, both in English and in the language of the country. No property shall be sold as being of a perishable nature until it has been viewed by two respectable merchants, and by them certified to be of that description. , , 657. If the proceeds of such sales, with Sale of other ^ ' property to pay the fuuds of the ostate on hand, should ^^^^- not be sufficient to liquidate the legal claims against the estate, the consular officer is authorized to dispose of any other portion of the property which may be necessary for that purpose. Proceeds, when 658. In One year after the death of the to be remitted, intestate, the consular officer is also directed, by the second section of the act aforesaid, to transmit the remainder of the estate (after paying the debts and other lawful charges) to the Treasury of the United States, in money, to be holden in trust for the legal representatives ; but if at any time before such transmission the legal representative of the deceased appear, and demand the effiscts in the hands of the consular officer, the latter shall deliver them up, the fees being paid, and shall cease his proceedings. Account to be 659. In the execution of the duty pre- Wt- scribed by the preceding section, the con- sular officer is instructed to keep a regular account of all moneys received, as well of effects sold, as of credits collected, and all sums expended, taking duplicate re- ceipts, expressing on what account the sums are paid, IN RELATION TO ESTATES OF INTESTATES. 333 and numbering them regularly ; one of the said dupli- cates is to be kept by the consular officer, and the other delivered to the representative of the deceased, or transmitted to the Treasury Department, if no representative appear. 660. He must also enter on his con- 1 T_ 1 1 J. 1 J. Account to be sular books a regular account between ^^^^ ^^ ^^^ himself and the estate of the deceased, in Treasury De- which he shall enter to his own debit all ^^^ ™™ " the moneys and effects that come into his hands ; and to his credit all the payments he may make; and, finally, the remainder that he may deliver over or remit, so as to close the account. A copy of this account shall be delivered to the representative of the deceased, or transmitted to the Treasury Department, as the case may be. 661. As soon as an estate shall be pinai settle- finally settled so far as the consular officer ^e^^t- is concerned, he shall give notice to the Department of State, designating the amount in money, or the effects, as the case may be, which have been delivered to the representative of the deceased. 662. If there should be several parties, opposing each claiming to be the representative of daimants. the deceased, and demanding the effects, the consular officer must direct the parties to determine their rights before the proper judicial tribunals. 663. The consular officer should at all Delivery of times be prepared, and he is expressly re- property. quired, to deliver over the effects and papers of the estate in his possession at any stage of the proceedings, after deducting the fees and expenses, to any legal 334 DUTIES OF CONSTTLAE OFFICERS representative of the deceased, or appointed trustee, who presents unquestionable evidence of authority to act as such. 664. It is provided by the twenty-ninth quirements re- sectiou of the act of August eighteen, lating to con- eighteen hundred and fifty-six, that if any affecting prop- citizcu of the United states dying abroad ^'^^' shall, by any lawful testamentary dis- position, leave special directions for the custody and management, by the consular officer of the port or place where he shall die, of the personal property of which he shall die possessed in the country, as con- templated by the act entitled "An act concerning con- suls and vice consuls," approved April fourteen, seventeen hundred and ninety-two, it shall be the duty of such officer, so far as the law of the country will permit, strictly to observe such directions ; and if any American citizen so dying shall, by any lawful testamentary disposition, have appointed any other person or persons than such officer to take charge of and manage such property, it shall be the duty of the consular officer, whenever required by the person or persons so appointed, to give his official aid in what- ever way may be necessary to facilitate the proceed- ings in the lawful execution of the trust, and, so far as the laws of the country permit, to protect the property of the deceased from any interference of the local authorities of the country where such citizen shall die ; to this end it shall be the duty of the con- sular officer to place his official seal upon all or any of the personal property or effects of the deceased, and to break and remove such seal, whenever he IN RELATION TO ESTATES OF INTESTATES. 335 may be required by such person or persons, but not otherwise. 665. In the execution of these provi- cautionary in- sions, every consular officer will exercise junctions, discretion and care ; for these injunctions must be un- derstood with the necessary legal reservations. It is obvious that a will, to have legal effect, must be a proved will ; and a will perfectly valid in form may be null because obtained by unlawful influence.^ In the performance of such acts regarding the estate as the consular officer may, by virtue of the act of April fourteen, seventeen hundred and ninety-two, lawfully perform, namely, taking the custody of the property, preserving it from waste, collecting credits, paying- local debts, and selling the personal estate for trans- mission to the Treasury, he must, in the absence or non-appearance of the executor, co-partner, or other " legal representative" of the deceased, observe such directions as the latter may have given him as to such mere provisional acts of consular intervention in the estate. Except in the mere temporary settlement, collection, and custody of the property of a decedent, no agent appointed by will or otherwise, and no pub- lic officer empowered by act of Congress, can safely venture to deal with a decedent's estate ; for either that estate has been disposed of by lawful testament- ary dispositions to devisees or legatees, or it has be- come the property of the creditors of the decedent, or it has descended upon persons legally entitled by marriage or kinship ; and, in either case, if it be per- sonal property, it must pass through the hands of a ^ Williams on Exec. vol. i. pp. 42, 43. 336 DUTIES OF CONSULAR OFFICEKS duly appointed and judicially recognized executor or administrator. 666. A consular officer is, by the law Duty and r&- £ nations and by statute, the provisional sponsibility of ^ j i. consular offi- conservator of the property within his cers touching gQjjgy^jg^j^g belonffiuff to his countryihen property. o o ^ deceased therein. This general duty of consular officers is fully recognized by the recent act regulating the diplomatic and consular systems of the United States.^ It behooves every consular of- ficer, however, to consider well, before he presumes to follow, in ant/thing beyond the acts of custody, settle- ment, and collection, prescribed by the act of April fourteen, seventeen hundred and ninety-two, any di- rections of a decedent not possessed in law of the force of a "testamentary disposition," or directions of any agent of the deceased, however nominated, unless that agent be the duly- appointed executor or admin- istrator. Otherwise, the consular officer may be called to account by some creditor of the deceased, or by a lawfully-appointed executor of his, or by his family and heirs-at-law. 667. In short, the consul should bear Extent of con- . • i i suiar authority Constantly m mmd, that he cannot as con- touching prop- g^i administer on the estate, nor as con- 6rty. . sul aid any other person m so administer- ing, without ^'M^^iciar authorization; and that the whole extent of his consular authority is to guard and collect the assets of a decedent, and to transmit them to the 1 Statutes at Large, vol. xi. p. 63 ; Case of the BeUo Corrunes, 6 Wheaton, 168; Ship Adolph, 1 Curt. C. C. 87; Eobson v. The Huntress, 2 Wall, Jr., C. C. 59. IN- RELATION TO ESTATES OF INTESTATES. 337 United States, or to aid others in so guarding, collect- ing, and transmitting them, to be disposed of therein pursuant to the law of the decedent's State.^ 668. If the property of the decedent Disposition of be real estate — the immovable property real estate. of the civil law — ^then its disposition depends alto- gether on the laws of the place, unless there be treaty stipulations to the contrary; or the succession consist of personal estate exclusively. The local authorities are alone competent to determine questions of inherit- ance and succession. 669. As to movables, or personal ef- Administration fects, then, also, unless the contrary be of personal ef- stipulated by treaty, the administration of the estate of a decedent is primarily a question of the local jurisdiction, and a consular officer can intervene only so far as the local law may permit, though the distribution of the estate will not of necessity be governed by the local law. 670. Every consular officer of the United States will remember that he may intervene by way of ad- vice, or in the sense of surveillance, but not otherwise as a consular officer, and of right. 671. Thus, if the decedent, being a citi- ,,. , . ' ° Minor heir. zen of the United States, leaves in a for- eign country a minor heir, a consular officer may in- tervene to see that he has a proper guardian to secure his interest in the succession. 672. If the decedent leaves a will in- sarfe-keeping tended to operate in the United States, it °^ '"'^^^■ is the right of the consular officer and his duty, if the ' Opinions of the Attorneys General, vol. vii. p. 274. 43 338 DUTIES OF CONSULAR OFFICERS circumstances require it, that is, in the absence of adult heirs on the spot, to see to the safe keeping of the will, and its transmission to the parties entitled. Extent of juris- 673. As to the extent of the country to diction. which the consular officer's faculty of superintendence reaches in matters of succession, that of course depends primarily on the instructions which he receives from the Department of State and the tenor of his exequatur} Force of local 674. The legislative acts of the United '^^- States, mentioned in the foregoing part of this chapter, proceed on the assumption that American consular officers in foreign countries will collect and remit the assets of deceased Americans. Their au- thority to do this will depend, of course, on the law of the foreign country ; if permitted by that law, and so far as permitted, the consul may do it, but not otherwise, nor further, unless allowed by treaty. And so it is with respect to foreign consuls in the States of the Union. Litigated ques- 675. It seems very clear, that if any tions and con- contontious questiou arises, as if there be c rng c ms. jjgi^^g ^^g ^ ^]jg estate of the decedent, or conflicting claims upon it, there can be no settlement of the estate by the consul; it can be administered only by due appointment of the local authority. Cases involving 676. But if there be no litigious matter no dispute. involvod, or if a traveler or other tran- sient person die with personal effects in hand, the consul may well take possession of the same for transmission to the decedent's country. ' Opinions of the Attorneys General, vol. vii. IN EELATIOir TO ESTATES OF INTESTATES. 339 677. The true relations of the question Treaty of are sufficiently illustrated by the tenor of Utrecht. an old article of a treaty between England and Spain, repeated by the treaty of Utrecht ; according to which it is stipulated that the respective foreign consuls may inventory the effects of a deceased countryman, and remit them, without intervention of any local tribunal.^ 678. The difficulty of complying with s^^^Hiawof this stipulation soon became apparent in NoTember 20, Spain ; in consequence of which the law ^^^^' of November 20, 1724, was passed, providing that the local authority shall make duplicate inventory, and shall hear and adjudge all contested matters.^ ■ 679. The same difficulty must of course Disougsjo„ |,e- have existed in England. Consuls, in one tween England , ,, • 1 J.1 i- and Spain. country or another, raised the question from time to time, until, in 1839 and 1840, by under- going almost simultaneous discussion in Madrid and in London — by the claim of a British consul in Spain to exercise complete jurisdiction in the matter, which the Spanish government refused ; and the claim of a Spanish consul in England, which the British govern- ment refused — it was at length settled, to the effect, that, notwithstanding the treaty, the consular right on both sides must be limited to the inventory of the effects found in the dwelling of the deceased, subject always to the intervention of the local authorities in case of any contested right on the part of third per- sons.^ ' Miltitz, des Consulats §. I'Etranger, partie ii. pp. 408, 414, 425. 2 Novisima Eecopiliacion, lib. vi. tit. 13, 1. 4. ' Kequelme, Derecho Internacional, tome i. p. 422. 340 DTTTIES RELATIVE TO ESTATES OF INTESTATES. , , 680. But the sreneral rule undoubtedly General rule. '-' '' in all the countries of Christendom is, that the local authority has power to take the inventory if it will, the functions of the consular officer being then limited to the right of assisting in behalf of the absent legal representatives of the deceased.^ Authority of ^^^- ^^^^^ ^^^d such Only, oxcept where foreign consuls Special Stipulations of treaty intervene to States ^ to change the rule, is the admitted authority questions of of foreign cousuls as to questions of suc- cession in the several States of the Union.^ 1 Santos, Traits du Consulat, tome i. p. 21 ; tome ii. note 52. * De Clercq et de Vallat, Guide des Ck>iisulats, p. 686 ; Opinions of the Attor- neys General, vol. vii. CHAPTEE XXXI. DUTIES OF CONSULAR OFFICEKS IN BESPECT TO THE PASSENGER ACT. 682. It is made the duty of the Secre- Act of March tary of State, by the second paragraph of ^' ^^^^■ the eighteenth section of the act approved March 3, 1855, to give notice, in the ports of Europe and else- where, of the provisions of that act to regulate the carriage of passengers in steamships and other ves- sels. '^ 683. The special attention of United States con- sular officers is called to this act, and also to the in- structions which have been issued by the Treasury Department in reference to it.* It will be g ^^ ^^ ^^j. observed that, whilst the law prescribes lowed to each certain spaces of clear superficial feet of p*^®"^^"^' deck to each passenger (other than cabin passengers), it moreover fixes a maximum, irrespective j^-umber of pas- of such spaces, by restricting the number sengers re- of passengers allowed to be carried in any ^^'^^^ ' such vessel to the proportion of one to every two tons of the vessel's tonnage measurement, excluding chil- > Statutes at Large, vol. x. p. 715 ; Johnson and Eeddall's Manual, Passengers and Passenger Ships. * General Regulations of the Treasury Department. 341 342 DUTIES OF CONSULAR OFFICEES dren under the age of one year in tlie computation, Computation in ^ud Computing two children over one and regard to chii- under eight years of age as one passenger. It follows, that though a vessel might afford clear spaces of the dimensions indicated for a greater number of passengers than one to every two tons of her tonnage measurement, yet if the number Penalty; when shall fexceed that allowed by her tonnage incurred. measurement, the penalties imposed by the law would attach ; or if her tonnage measurement should allow a greater number of passengers than according to the clear spaces prescribed by law she could carry, yet if the number shall exceed that allowed by the clear spaces prescribed by law, the penalties imposed by the law would equally attach. In other words, the one rule, as to the number of passengers a vessel is entitled to carry, is a limitation upon the other. The tonnage of each vessel, according to custom- house measurement, must, therefore, be ascertained, as well as the measurement of the spaces allotted to pas- sengers, in order to determine the number of passengers she is entitled to carry. 684. In order to determine the number min^in the '^^ passeugors a vcssel is entitled to carry number of pas- in accordauce with the spaces prescribed low"!^"^^ ^ ^y ^^^^ ^^*' ^^® height between decks must be measured, not from the bottom edge of the carlings or deck beams, but from the under surface of the upper deck, to the upper surface of the floor below ; and no space shall be considered available for passengers that has not, when measured in this manner, the height called for by the law, as m RESPECT TO THE PASSENGER ACT. 343 the case may be , nor shall any space in the vessel of a less width than four feet be measured ; provided, however, if the vessel shall, in accordance with the provisions of the first section of this act, carry any portion of her cargo, or any other article or articles, on any of the decks, cabins, or other places appro- priated for the use of passengers, in lockers or enclo- sures prepared for the purpose, the height between decks shall be measured from the under surface of the upper deck to the upper surface of said lockers or enclosed spaces, which shall be deemed and taken to be the deck or platform from which measurement shall be made for all the purposes of this act, and the spaces occupied by said lockers or enclosed spaces shall be deducted from the spaces allowable for the use of passengers. For example: the spaces on the main ^ ^ ^ Jixample. and poop decks or platforms, and in the deck houses, if any there be, will be 16 by 6=96 cubic feet ; lower deck, 18 by 6=108 cubic feet; two- deck vessels, 14 by 7i = 105 cubic feet. 685. The encumbering by merchandise , ,, , , „ ,, Encumbering or stores, not the personal baggage of the ^f gp^^g ^^ passengers, except in lockers or enclo- merchandiae, sures prepared for the purpose, of any part of the space occupied by the passengers, will vitiate the whole space, unless the part so encumbered be separated from that so occupied by a substantial bulkhead. 686. The deck or platform must be of a permanent nature, and impervious to the water. 344 DOTIES OF CONSTTLAE OFFICERS 687. It is deemed sufficient only further called to cer- to Call particular attention to the first, tain sections of secoud, sixth, tenth, eleventh, fourteenth, til 6 3iCti fifteenth, sixteenth and seventeenth sec- tions of this act, in which certain provisions, differ- ing "from the provisions of existing laws, have been enacted, and to state that all the requirements of said sections must be strictly enforced. Violation of the ^^^' Cousular officors wiU uot omit to act to be re- report immediately to the Department of ^^^ ' State any violation of the provisions of this act by the masters of vessels bound to any port in the United States or any Territory thereof. 689. Consular officers are likewise re- paupers and quired, in cases of the intended shipment criminals to be of paupors, or pardoued criminals to the -r6T)ort6d United States, to give timely notice of the fact, both to the Department of State and to the col- lector of customs of the port to which the vessel having them on board may be bound, furnishing the names of the parties, a description of their persons, the name of the vessel, and the date of sailing, in order that proper steps may be taken for the enforce- ment of such police regulations as may have been adopted by the several States upon the subject. The attention of consular officers in Mexico and Central America is called to section 5 of the act, "further to regulate the carriage of passengers in steamships and other vessels."^ It will be perceived that the passenger lists required to be kept by the commanders of American vessels visiting the ports ' Statutes at Large, vol. xiii. p. 391. IN EESPECT TO THE PASSENGER ACT. 345 of those countries must be verified, not only by the master's oath, but also by the inspection of the con- sular officer, and a copy thereof, so verified, trans- mitted to the collector of the port of the United States from which the vessel last cleared. The consular of- ficers concerned will not fail to observe that their faith- ful co-operation is necessary to the due enforcement of this provision of law.^ 690. It is provided by the fifth section of the act to prohibit the "Coolie Trade" in American vessels, approved February 19, 1862, that all the provisions of the act of Congress approved February twenty- second, eighteen hundred and forty-seven, entitled " An act to regulate the carriage of passengers in merchant vessels," and all the provisions of the act of Congress approved March third, eighteen hundred and forty-nine, entitled " An act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulation thereof," shall be extended and shall apply to all vessels owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed within the United States, propelled by wind or by steam, and to all masters thereof, carrying passengers or intending to carry passengers from any foreign port or place without the United States to any other foreign port or place without the United States ; and that all penalties and forfeitures provided for in said act shall apply to vessels and masters last aforesaid.* 691 . It is enacted in the fourth section of the same 1 Circular No. 52, September, 1864. ' Statutes at Large, vol. ix. p. 127 and p. 399; ibid. vol. xii. p. 341. 44 346 DUTIES m EESPEGT TO THE PASSENGER ACT. act 'that nothing therein contained shall be deemed or construed to apply or affect any free and voluntary emigration of any Chinese subject, or to any vessel carrying such person as passenger on board the same : Provided, however, that a permit or certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from such port or place, which certificate shall be given to the master of such vessel ; but the same shall not be given until such consul or consular agent shall be first personally satisfied by evidence produced of the truth of the facts therein contained/ 692. There is reason to believe that the important requirement in the section last mentioned is too often disregarded, and consuls are instructed to make use of all the authority, power, and influence at their com- mand towards preventing and discouraging the carry- ing on of the traffic in any way.^ ' Circular, January 17, 1867. ^ Statutes at Large, vol. xii. p. 341. CHAPTER XXXII. DUTIES OF CONSULS GENEEAL AND CONSULS IN EELATION TO THE GRANTING OF PASSPORTS AND CERTIFICATES. 693. By the twenty -third section of the Act of August act of August 18, 1856, the Secretary of i^. 1856. State is authorized to grant and issue passports, and cause passports to be granted, issued, and i^sue of pass- verified in foreign countries by such dip- p°'''^- lomatic or consular officers of the United States, and under such rules as the President shall designate and prescribe, for and on behalf of the United States, and no other person shall grant, issue, or verify any such passport ; nor shall any passport be granted or issued to or verified for any other persons than citizens of the United States ; nor shall any (such) charge be made for more than one such verification in any foreign country ; and if any person acting or claiming to act in any office or capacity under the United States, or any of the States of the United States, who shall not be lawfully authorized so to do, shall grant, issue, or verify any passport, or other instrument in the nature of a passport, to or for any citizen of the United Sta,tes, or to or for any person claiming to be or designated as such in such passport or verification ; or if any con- sular officer who shall be authorized to grant, issue, or verify passports, shall knowingly and willfully grant, 347 348 DUTIES IN KELATION TO GKANTING issue, or verify any such passport to or for any person not a citizen of the United States, the person so oflfend- ing shall be deemed and taken to be guilty of a mis- demeanor, and on conviction thereof shall be im- prisoned not exceeding one year or fined in a sum not to exceed five hundred dollars, or both, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. It is likewise made the duty of all persons who shall be authorized, pursuant to the pro- visions of the act, to grant, issue, or verify passports, to make return of the same to the Secretary of State ; and such returns shall specify the names and all other particulars of the persons to whom the same, shall be granted, issued, or verified, as embraced in such passport. Pa^Bporte, by ^94. From the foregoing provisions of and to whom the act it wiU be seen that passports can only be issued by the Secretary of State, and such diplomatic and consular ofiicers of the United States in foreign countries as he may expressly authorize, and they can be granted to citizens of the United States only. As passports granted by the Secretary of State secure to the bearers facilities from foreign governments not always accorded to those issued by diplomatic officers, consuls general, or con- suls, it will always be to the interest of travelers to procure their passports before leaving the United States ; and this course is earnestly recommended by the Department of State. Expense of ^95. Under the provisions of the act to passports. provide internal revenue to support the PASSPORTS AND CEETIFICATES. 349 government and to pay interest on the public debt, approved June 30, 1864,^ it is enacted that the sum of five dollars shall be paid ^'^°^^ ^^' " for every passport issued by any minister or consul of the United States, who shall account therefor to the Treasury." Consuls are therefore instructed to charge six dollars for every passport issued by them, making two entries under the same number in the fee book — five dollars to be entered as "internal revenue" fee, and one dollar as " consular fee." Salaried consuls will credit the government in their accounts with six dollars, and consuls not included in Schedules B or C, with one dollar for every passport issued by them. Consuls will transmit, with their quarterly returns of fees a statement, in pursuance of Form No. 136, of every passport issued. This form, being simply a return for use in the Bureau of Internal Revenue, will be filled only with the internal revenue fee of five dollars.^ At the close of each quarter Quarterly re- every consul will transmit to the Secretary von. of the Treasury a statement, copied from the passport book, agreeably to Form No. 136, of the passports issued during the preceding quarter, showing the number of each passport, the date of issue, the name of the individual to whom issued, and the amount paid therefor. The aggregate amount received by each salaried consul for passports will be charged to him on the books of the Treasury, and must be brought to the credit of the United States in the adjustment of his quarterly accounts for compensation. In the case of ' See Statutes at Large, vol. xiii. p. 276. 2 Circular No. 52, September 6, 1864; also, Circular No. 48. 350 DUTIES m KELATION TO GRANTING consuls included in Schedule B or C, the amount must be credited to the government in their respective accounts for relief of seamen or miscellaneous expenses. If the consul is at a seaport it is to be credited in the former; if at an inland place the amount is to be credited in the account for miscellaneous expenses.-^ 696. In any country where there is a en consu diplomatic representative, no consul arene- general are ■'■•'• ? a prohibited from ral or consul is authorized, without special isffimng pass- permission, to issue passports, except in the absence of such representative from the place of his legation. 697. Whenever he may be so absent, en pass- authority is given to consuls areneral and ports may be "^ ° ° issued by a cousuls ouly to issue passports ; but in all consu genera gg^ggg ^]^q g^id cousuls general and consuls or a consul. " must report to the Department of State the names of the persons to whom passports have been issued by them, together with the evidence of their being citizens of the United States, and a copy of the same report must be forwarded to the legation of the United States upon the resumption of his duties by the diplomatic representative to whom they are subordinate. In case there should be no diplomatic representative accredited to the country in which a consul general or consul may reside, then these officers are authorized to grant passports, having regard to the instructions to consular officers in re- ference thereto ; they will transmit, in all cases, to the Department of State the information in regard to citizenship required by this section. ' Circulars Nos. 48 and 52. PASSPORTS AND CERTIFICATES. 351 698. Whenever a foreign government j^^^ ^f pass- shall require the visa of a passport of any por^, and the citizen of the United States, it shall be given by the consular officer of the United States at the place where it is demanded, and he shall, for each passport so visaed, collect the fee of one dollar pre- scribed to be paid, noting on the passport that this has been done ; and no charge shall thereafter be made by any officer of the United States for any visa of that passport in the same country.^ 699. Passports are granted upon the j^^j^, ^„j j,. ground of international courtesy, and as soription of a affording evidence to the diplomatic and p^p""^'- other agents in foreign countries that the bearer thereof is a citizen of the United States, and entitled to full protection as such.^ A passport, in proper form, must contain a description of the bearer, with his signature ; it must also request all whom it may concern to permit the bearer thereof, being a citizen of the United States, safely and freely to pass, and, in case of need, to give him all lawful aid and protection while so doing. It must be signed by the diplomatic representative, or, in the event of the absence of the minister, by a consul general or consul, and sealed with the seal of the legation or consulate. Passports should be numbered, commencing with No. 1, and so continuing consecutively till the end of the incumbent's term of office. For a proper form of a passport, see Form No. 46. 1 Statutes at Large, vol. xi. p. 60. 2 Johnson & Eeddall's Manual, edition of 1855, p. 69 ; Wheaton's El., p. 389- 391, note. 352 DUTIES m EELATION TO GKAETTING Passports is- ^^- donsuls general and consuls are sued to be re- instructed to transmit the name and de- ported. • ±- J! J. 1 ^ scription 01 every person to whom a pass- port has been issued by them, to the Department, with the evidence on which it is granted, in accordance with Form No. 47. 701. Consuls general and consuls are the issue of a Gxpressly instructed, that, when an appli- pa.ssport to a catiou is made for a passport by a native citizen of the United States, before grant- ing it the applicant must file in the consulate an affidavit stating that fact, and also his age and place of birth ; this must be signed and sworn to by him- self and one other citizen of the United States named therein, to whom he is personally known, and to the best of whose knowledge and belief the declaration made by him is true. Naturalized 702. If the applicant be a naturalized citizens. citizcu, a passport can only be granted upon his exhibiting a certificate of naturalization, or a certified copy thereof ; an authenticated copy of which must be transmitted by the consul general or consul to the Department of State. 703. When the applicant is accompanied Passports may i_ i • •» i -i i include the by his wite, Children, or servants, or by &miiy of the females under his protection, it will be applicant. ^^ , sufficient to state the names and ages of such persons and their relationship to the applicant, and a single passport for the whole will suffice.^ Cautionary in- 704. Cousuls general and consuls are junctions. instructed to exercise the utmost care and ' Circular No. 24, 1862. PASSPORTS AND CERTIFICATES. 353 diligence in seeing that no passport is granted without clear evidence that the applicant is entitled to it as an American citizen. They are not to grant passports simply upon jpapers issued by State or corporate au- thorities or notaries public, or upon certificates of citizenship given by such authorities, as the United States consulates are not ' furnished with ofl&cial infor- mation either in regard to their appointments, or to their signatures and seals of office. 705. A passport or other paper granted „ ^ f ^ j^ by a consul, certifying that an alien, issue of a pass- knowing him or her to be such; is a citi- p-"^"" ^ ^ii«°- zen of the United States,^ is an offence punishable by a fine not exceeding one thousand dollars, to which the President will always add deprivation of office. 706. A new passport will be expected Benewai of to be taken out by every person whenever passports. he or she may leave the United States, and every passport must be renewed, either at the Department of State or at a legation or consulate abroad, within one year from its date.^ Certificates.^ 707. Great care must be exercised by iggue of certm- consular officers in granting certificates <=»'^- respecting the property of aliens. The giving of a ' Statutes at Large, vol. ii. p. 205. » Circular No. 24, 1862. — For further information consult Wheaton's El. 389- 393, also note, and pp. 892-930. Ex. Doc. No. 41, H. E., 33d Cong. 1st Sess. ; Ex. Doc. No. 38, Senate, 36th Cong. 1st Sess. ; Papers relating to Foreign Affairs of U. S., 1864, Part 2d, p. 630. » Papers relating to Foreign Affairs, 1863, Part 2d, p. 738. 45 354 DUTIES IN BELATION TO GKANTING certificate that property belonging to aliens is the pro- perty of citizens of the United States, by a consular officer who knows the fact to be otherwise, is an of- Penaity in- fenco by which a high penalty is incurred, curred. ^ho puuishuient being a fine not exceed- ing ten thousand dollars and imprisonment not ex- ceeding three years. Consular officers, therefore, in all such cases, will require such evidence as will show clearly that they have good reason to believe the truth of the facts they certify. Certificates for ^08. By the roveuue laws of the United the benefit of States, cousular officers are authorized to give certificates of the landing of mer- chandise, to obtain the benefit of drawback. As great frauds upon the revenue have sometimes been com- mitted by obtaining certificates without a due exami- nation of the articles, consuls are instructed to give no such certificates without personal inspection or fiill Verification of proof. Authority is also given by the invoices. Same laws to certify invoices of goods shipped for the United States ; but the shipper is entitled to include in one invoice all the goods he may ship by the same vessel. On all subjects relating to the revenue. Attention to be particular iustructious will be given from given to the m- ^ ^ •= structionsof-the time to time by the Secretary of the SS."^*' Treasury, which will be equally oblig- atory upon consular officers as if they had proceeded from this Department. The special attention of all consular officers is directed to the General Regulations of the Treasury Department, and, PASSPORTS AND CERTIFICATES. 355 SO far as they relate to their duties, the strict obser- vance of them is enjoined.^ 709. The special attention of consular officers was directed by the Secretary of StatCj on the 26th of April, 1864,^ to the three following extracts from the laws of the United States regulating the duties on imposts and tonnage. They were also instructed to take care that the capacity of the vessels or casks, and the size of the packages, containing spirituous liquors for importation into the United States, should conform, in the invoices, to the provisions of the sections here quoted : — "Section 103. — That no beer, ale, or porter, shall be brought into the United States by sea, from any foreign port or place, except in casks or vessels, the capacity whereof shall not be less than forty gallons beer in,easure, or in packages containing not less than six dozen bottles, on pain of forfeiture of the said beer, ale, or porter, and ship or vessel in which the same shall be brought ; nor shall any refined lump or loaf sugar be imported into the United States from any foreign port or place by sea, except in ships or vessels of one hundred and twenty tons burthen and upwards, and in casks or packages con- taining each not less than six hundred pounds weight ; nor shall any distilled spirits (arrack and sweet cordial excepted) be imported or brought into the United States except in casks or vessels of the capacity of ninety gallons wine measure and upwards, ' For further information relating to the verification of invoices, see a subse- quent chapter on that subject. ' Circular No. 50, April, 1864. 356 DUTIES IN RELATION TO GRANTING nor in casks or vessels which have been marked pursuant to any law of the United States, on pain of forfeiture of the said refined lump and loaf sugar, and distilled spirits, imported contrary to the provisions herein described, together with the ship or vessel in which they shall be imported : Provided, That nothing contained in this act shall be construed to forfeit any spirits for being imported or brought into the United States in other casks or vessels as aforesaid, or the ship or vessel in which they shall be brought, if such spirits shall be for the use of the seamen on board such ship or vessel, and shall not exceed the quantity of four gallons for each seaman." Approved March 2, 1799. " Section 7. — That, from and after the passage of this act, brandy may be imported into the United States in casks of a capacity not less than fifteen gallons, any thing in any law to the contrary notwithstanding: Provided, however, That all the provisions of existing laws, not inconsistent with this act, relating to the importation of foreign spirits, be complied with : And provided further, That all brandy imported in casks of a capacity less than ninety gallons shall be deposited, at the expense and risk of the importer, in such public or other warehouses as shall be designated by the collector or surveyor for the port where the same shall be landed, and shall be removed therefrom in the manner prescribed by an act entitled ' An act providing for the deposit of wines and distilled spirits in public warehouses, and for other purposes.' " ^ Approved March 2, 1827. 1 Act of April 20, 1818, ch. 129. PASSPORTS AND CERTIFICATES. 357 "Section 5. — That from and after the first day of April, Anno Domini eighteeen hundred and sixty-one, in lieu of the duties heretofore imposed by law on the articles hereinafter mentioned, and on such as may now be exempt from duty, there shall be levied, collected, and paid, on the goods, wares, and merchandise, herein enumerated and provided for, imported from foreign countries, the following duties and rates of duty, that is to say — " First. On raw sugar, commonly called muscovado or brown sugar, not advanced beyond the raw state by claying or other process, and on syrup of sugar or of sugar cane, and concentrated molasses, or concentrated melado, and on white and clayed sugars when advanced beyond the raw state by claying or other process, and not refined, three-fourths of one cent per pound; on refined sugars, whether loaf, lump, crushed, or pul- verized, two cents per pound; on sugars after being refined, when they are tinctured, colored, or in any way adulterated, and on sugar candy, four cents per pound : Provided, That all syrups of sugar or of sugar cane, concentrated molasses, or melado, entered under the name of molasses, or any other name than syrup of sugar or of sugar cane, concentrated molasses, or concentrated melado, shall be liable to forfeiture to the United States ; on molasses, two cents per gallon ; on confectionery of all kinds, not otherwise provided for, thirty per centum ad valorem." Approved March 2, 1861. CHAPTER XXXIII. ATTENDANCE OF CONStTLAR OFFICERS AS WITNESSES IN COURT. ^ ., , 710. By the second article of the con- Evidence of consular offl- sular Convention between the United cers in judicial gtates and France, of February twenty- proceedings. three, eighteen hundred and fifty-three, it is stipulated that consular officers shall never be com- pelled to appear as witnesses before the courts. When any declaration for judicial purposes, or deposition, is to be received from them in the administration of justice, they shall be invited in writing to appear in court, and if unable to do so, their testimony shall be requested in writing, or be taken orally at their dwellings.^ By provisions in some of our treaties with other powers, the above privilege may be claimed by them for their consuls resident in the United States.^ 711. Though United States consuls in Duty of consu- tti j. i • i. j. i lar officers to I^i^ance are not subject to compulsory appear and give process for the purposo of being brought es unony on • ^^^^ court as witnesses, yet it is their duty, invitation. ' -^ •> ^ on invitation, to appear and give their ' Statutes at Large, vol. x. p. 993. ' Some inconvenience has already arisen from the concession of this privilege by the United States. See despatches of Mr. Marcy to Mr. Mason, Sept. 11, Oct. 23, 1854, and Jan. 18, 1855 ; also annual message of President Pierce, December, 1854, Wheaton's El. pp. 432, 483, note. 358 ATTENDANCE AS WITNESSES IN COURT. 359 testimony unless necessarily prevented. They have no right, on account of their official position, or dis- inclination or personal inconvenience, to refuse com- pliance with such invitation. Business engagements will not be regarded .as a valid excuse, unless they be of such a character that interruption would necessarily result in a serious injury to our government or citizens. 712. If the testimony of American con- -j^^ obstacles to sular officers is required for the proper be interposed administration of justice in a foreign ^ "^""f" */ •' o omoei's m ob- country, it ought to be made available, taining testi- except under extraordinary circumstances, ^°^^' for that purpose, and the government of the United States expects they will be careful to throw no obsta- cles in the way of obtaining it. 713. Should an American consular officer, to whom the exemption from Y ° ^a^' ' ^ suIar oincer compulsory process is given by the con- after a refusal sular treaty above referred to, or any '" ^^^^,^'' ^""^ •^ ' •' give testimony. other treaty, refuse, for what he may deem a good cause, to comply with an invitation to appear in court, or before a proper authority, to give testimony, he is directed forthwith to communicate the fact of his refusal to the Department of State, and to state clearly and fully the reasons for such refusal. A refusal, without good cause therefor, • n 1 11 J. j« T J. Consequences Will be regarded as an act oi disrespect ^f ^ refusal toward the government within whose without good jurisdiction he resided, and as a sufficient reason for his removal. CHAPTEE XXXIV. CONSULAR REPOETS AHD RETURNS. 714. By an act of Congress approved Foreign com- j^ ^^ -^Q ^842, it IS made the duty of mercial regula- o J i j tions to be laid the Secretary of State to lay before Con- e ore on- gj.ggg^ annually, at the commencement of its session, in a compendious form, all such cha,nges and modifications in the commercial systems of other nations, whether by treaties, duties on imports and exports, or other regulations, as shall have come to the knowledge of the Department:^ 716. This act was so amended by an act cili^'i^^I- approved August 18, 1856, relating to tion to he com- foreign regulations of commerce, as to make it the duty of the Secretary of State to lay before Congress, as a part of said report, all other commercial information communicated to the Department by consular and diplomatic agents of the government abroad, or contained in the official pub- lications of other governments, which should be deemed sufficiently important.^ 716. To enable the Secretary of State to Consular om- '' cers required make such report, it IS declared to be the to transmit (j^^y ^f cousuls and Commercial agents in commercial JQ" » . . formation. foreign couutries to procure and transmit 1 Statutes at Large, vol. v. p. 507. ' Ibid. vol. xi. p. 139. 360 CONSULAR REPORTS AND RETURNS. 361 to the Department of State authentic commercial in- formation respecting said countries, of such character and in such manner and form, and at such times as may, from time to time, be prescribed by the Depart- ment. 717. It is also made the duty of the ^^^^^ ^f ,„„. Secretary of State to specify in the report suiar officers re- ,1 J, J. ,1 • 1 _«> 1 miss in their the names of any of the said officers who ^^^ j^ ^^ ^^ may have been remiss in their duty en- ported to Con- joined by the said act. ^'^^^' 718. By the twenty-second section of the act regulating the diplomatic and con- g^tg**^g ^^°^^ sular systems of the United States, it is to prescribe made the duty of the Secretary of State ;^«g^'^ti°°^ ^^ •' •' the government to prescribe such regulations, and make of diplomatic and issue such orders and instructions, ^" consular ' omcers. not inconsistent with the Constitution or any law of the United States, in relation to the duties of all diplomatic and consular officers, the transaction of their business, the rendering of accounts and re- turns, the payment of compensation, the safe-keeping of the archives and public property in the hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, sciences, manufactures, agriculture, and commerce, from time to time, as he may think con- ducive to the public interests ; and all such officers are required to conform to such regulations, orders, and instructions. He is likewise required to information re- publish official notifications, from time to ceived from time, of such commercial information ^ents"^ to be communicated to him by such diplomatic published, and 46 362 coiirsDLAB. kepoets and eetxjkns. also to be re- aiid consular officers as he may deem, im- ported to Con- portant to the public interests, and to re- gresB. ■*• ■■■ port to Congress, at least once in each year, a synopsis of so much of the information on all subjects which shall be so communicated to him as he may deem valuable for public information. Reports to he made to the Secretary of State} Character of '^^^- Consular officers will therefore informaiion re- transmit, as soou as they are published, ^^^^ ' . statements of all changes in the commer- cial systems of the governments to which they are accredited, copies of all commercial treaties, regula- tions, light-house notices, revenue laws, acts and regu- lations respecting warehouses, tonnage duties, and port dues, all tariffs and modifications thereof, and all en- actments, decrees, royal orders, or proclamations which in any manner affect the commercial, agricultural, mining, or other important interests of the United Endorsement States. All despatches communicating of commercial information of this character must be en- espac es. dorsed "commercial information," and be strictly confined to this subject. If the information is contained in printed newspapers, circulars, pamphlets, or public documents, two copies must be sent. 720. All consular officers will forward Annual report of consular of to the Department of State, at the close of ficers; informa- ^^^-^ ^^^j^ September thirtieth, so tion required. . . that the information can be communicated to Congress at its session immediately thereafter, a 1 See Circular No. 57, January, 1866 ; and also Table 152 in a subsequent chapter, entitled Consular Forms. CONSULAE EEPOKTS AND RETURNS. 363 report on the trade of the consular districts in which they respectively reside during the preceding year, specifying the articles of import and export, the coun- tries which supply the former and receive the latter, the comparative increase or decrease in the amounts of the same, and the causes in both cases for either; the general regulations of trade and their effects, the average market prices within the year of the staples of export and import, and the average rates of freight to the United Sta,tes. They will also designate articles prohibited to be imported into their consular districts, whether from the place of their growth or production or from other places, specifying what changes have occurred since their last reports ; and also all privi- leges of importation or restrictions thereon, if such there be, and to what vessels they apply, and all differ- ences in duties on articles imported in foreign or national vessels; all tonnage duties and other port dues, and all warehouse and sanitary regulations, and those relating to entry or clearance, where such exist and have been subjected to modification since their last reports. They will also communicate detailed in- formation touching the employment, in their consular districts, of the capital of our citizens, whether em- ployed in industrial, agricultural, scientific, or com- mercial pursuits ; they will transmit, in like manner, tabular or other statements touching the consumption of the staple products of the United States as well as of other countries; the amount of those articles imported into such districts in American vessels, and the amount of foreign tonnage employed in such trade. 364 CONSULAR REPOKTS AND RETURNS. 721. They will communicate any useful Cj }i q 1* a ctftr of information to and interesting information relating to be communiea- agriculture, manufactures, population, and public works. In all that relates to scientific discoveries, to progress in the useful arts, and to general statistics in foreign countries, consular officers are expected to communicate freely and fre- quently with the Department; and to note all events occurring within their consular districts which affect beneficially or otherwise the navigation and commerce of the United States ; the establishment of new branches of industry, the increase or decline of those before established; and communicate all the informa- tion which they may be enabled to obtain calculated to benefit our commerce and other interests, and the best means of removing any impediments that may have retarded their advancement.^ Quarterly com- '^22. All cousular officors at seaports merciai re- are instructed to transmit, quarterly, a ^°^ report in accordance with Form No. 14, stating the number, date of arrival, class, name, and tonnage of all American vessels entering the ports at which they reside, the places where from, when and where built, where belonging and whither bound, the owner and master's names ; and in relation to their cargoes, both inward and outward, where pro- duced, where manufactured, description, quantity, and value. ' The many subjects, which may be particularly recommended to the attention of every consular officer, wishing to collect general information respecting the country he is residing in, are indicated in a treatise " On the Nature and Character of the Consular Service," by John Green, Esq., Her Majesty's Consul in Greece: London, 1848. CONSULAR REPORTS AND RETURNS. 365 723. It is desirable that, accompanying the quarterly reports of the arrivals at to report on and departures of American vessels, there navigation and should also be forwarded a recapitulation of the said reports, in which should be stated the number of vessels that came from each port, and the ports for which they cleared, with the description, quantities, and values of the inward and outward cargoes opposite, so far as they can be obtained ; also the total number of vessels, the total values of inward and outward cargoes, the number of each class of vessels entered and cleared, and the aggregate tonnage entered. The object of this fecapitulation is to present all the commercial information in as small a space as possible, to show the general course of trade, and to give the description, quantities, and values of the car- goes with as much accuracy as can be obtained. The following remarks are intended to aid in the condensation of this information : If a vessel is in port at the first of the quarter, state the port where bound and the outward cargo, and write "in port" under "where from." State the total number of vessels from each port, and the port or ports for which they clear, and the inward and outward cargoes opposite. If two or more vessels clear for the same port, give their num- ber and the description and aggregate values of their inward and outward cargoes opposite. If a cargo is composed of one or two leading arti- cles, it might be well to give their quantities; but where it is composed of a miscellaneous assortment, a 366 CONSULAR EEPOETS AND EETTTRNS. general description and aggregate value is all that is necessary. If a A'^essel does not clear during the quarter, state the port where from and the inward cargo, and write "in port" under "Where Bound," and vessel "in port" under " Outward Cargo." If a vessel enter and clear carrying the same cargo, state the port where from, the port where bound, and, if possible, the description and value of the inward cargo, and under " Outward Cargo" write " Inward Cargo," and value ; and also state whether such ves- sel called " for orders," " supplies," " repairs," or " in distress," as the case may be. If a vessel land part of her cargo and carry out the remainder, state the description and total value of the inward cargo, and the description and value of the " part of inward" which she carries out. If a vessel, while in port, be sold to foreigners, write " sold" under " Where Sound," and under " Outward Cargo" " vessel sold and took (here give the name of the country) flag." If a vessel be condemned as unseaworthy, write "condemned" under "Where Bound," and "vessel condemned" under " Outward Cargo. "'^ Transcript of 724. All consular officers residing at fee book. seaports will transmit, quarterly, a report in accordance with Form No. 8, or if residing at inland places, a report agreeably to Form No. 9, stating in detail the name of the party for whom any ofl&cial service whatever is rendered, and also the nature of the service and the authorized fee received ' See Circular No. 41, 1863, and Form No. 128. CONStTLAE REPORTS AND RETURKTS. 367 therefor, the name of the signer of all oaths to invoices, place and date of invoice, the kind and value of all invoices of goods, and where produced or manu- factured ; and in case the service is on account of an American vessel or her crew, the nature of the service rendered, and the fee received therefor. This report must be an exact transcript of the fee book, as required by the eighteenth section of the act of August eighteen, eighteen hundred and fifty-six, and the three hundred and eighty-seventh section of this volume. 725. All consular officers will transmit, ^ , , . Death of Amer- quarterly, a report embracing the names ican citizens to of all American citizens, whether seamen ^ reported. or otherwise, dying within their consulates, in accord- ance with Form No. 21, which exhibits the name of the individual, where from, and where belonging, and in the case of seamen, whether at sea or in port, and to what vessel belonging, the expenses incurred, if any, value of effects, and disposition thereof. 726. Consular officers at ports will also Quarterly relief transmit, quarterly, a statement of relief report. afforded to destitute seamen during the quarter, in accordance with Form No. 16, stating the names of the seamen relieved, the name of the ship, master, owner, to what port belonging, date and cause of dis- charge or of leaving, amount of wages received, and of wages refunded to seamen, amount expended for board, clothes, medical aid, funeral expenses, and passage.^ ' See Table 153, and also Circular No. 57. 368 CONSULAR EEPOETS AND RETURNS. Be]ports to the Secretary of the Treasury. 727. It is made the duty of every con- Prioes current "^ to be sent to the sular of&cer, by the twenty-seventh sec- Secretaryofthe ^j^^ ^f ^j^g ^^^ approved August eighteen, eighteen hundred and fifty-six, to furnish to the Secretary of the Treasury, as often as shall be required, the prices current of all articles of merchan- dise usually exported to the United States from the port or place in which he shall be located. When to be 728. Consular officers, accordingly, re- transmitted, siding at ports whence there is a regular communication with New York by steam vessels, are required to transmit regularly, for the use of the United States General Appraisers' office in New York, as often as they are printed, reports of sales or prices current of the staple articles of foreign produc- tion exported from the country of their residence to the United States, and, where practicable, the prices of merchandise generally exported. Where the com- munication is only by sailing vessels, the prices current will be furnished monthly. These reports are to be directed to " The United States General Appraisers, Few York ; " and consuls residing in Europe or Asia should further direct them to the care of the Despatch Agent of the Department of State of the United States at London.^ Currency re- ^29. Consular officers are also requested port to be made to transmit, at least once a month, if op- portunity offers, to the Secretary of State and to the Comptroller of the Treasury the rates of ^ Circular of the Department of State, No. 14, June 14, 1862. CON-STTLAE EEPORTS AND EETTTENS. 369 exchange, and also a statement of the rates at which any depreciated currency of the country in which they reside is computed in United States or Spanish dollars, or in silver or gold coins of other countries ; observing in all cases of an estimate of the value of the currency in such foreign coins that their weight and standard should be made known to the Department. 730. Consular officers will also report Eates of -ex- monthly, to the ireasury Department, the change to be re- rates of exchange prevailing between the p"'"'^'^ month- ports or places at which they reside and the following places, to wit: London, Paris, Amster- dam, and Hamburg; also New York, and other prin- cipal ports in the United States ; and they will keep the Department regularly and fully advised of the course and progress of trade from the several ports of their consulates to the United States. 731. Consular officers will transmit, , . „ . , m • Quarterly re- quarterly, information on the following port to the Sec- points, to the Secretary of the Treasury, ^^^^'^y °^ *« not only in reference to the trade of the place of their residence, but that of the neighboring country or towns with which it may be connected commercially, or through which their merchandise may be shipped to the United States : First. The usual terms on which mer- Discounts. chandise is bought and sold, whether on credit or for cash. The usual discounts allowed, either from custom or in consideration of cash payment, or from other cause ; whether such discounts are uniform, and, if not, whether they vary in the same, or only on different descriptions of merchandise ; and whether 47 370 CONSTJLAE KEPOKTS AND EETUKNS. such discounts, or any of them, are regarded as a bonus or gratuity to the buyer for his benefit ; whether he purchases for himself or ships merchandise to order and for account of others : Secondly. The bounties allowed on onnies. articles exported, and for what reason, and under what circumstances ; whether they are the same on exports by national or foreign vessels ; if not, the difference ; the rates of such bounties ; and how estimated, whether on weight, measure, gauge, price, or value : Thirdly. The customary charge of com- Commissions. . . . . . missions for purchasing and shipping goods of different descriptions ; the usual brokerage on the purchase or sale of merchandise; whether it is paid by the buyer or seller, or by both : Other ex- Fourthly. The usual^ and customary penses. expeusos in detail attending the purchase and shipment of merchandise, including commissions, brokerage, export duty, dock, trade, or city dues, lighterage, porterage, labor, cost of packages, covering or embaling, cooperage, gauging, weighing, wharfage, and local imposts or taxes of any kind ; which of the foregoing, or other items, are usually included in the price of the article, or become a separate charge to be paid by the shipper or purchaser. Transporta- 732. In the case of merchandise pur- '^°°" chased at the interior places, or in other countries having no shipping ports of their own, for shipment to foreign countries, through the ports of the consulate, the customary expenses attending the transportation from such interior places or countries CONSULAR EEPOETS AND EKTUKNS. 371 to the port of shipment, including all transits, exports, or import frontier duty, and every other charge up to the arrival at such port, and the ordinary expenses attending the shipment thereof. 733. Consular officers will forward prices of mer- regularly, and as often as practicable, to chandise. the general appraisers residing at New York, Boston, and San Francisco, such prices current, manufacturers' statements of prices, or merchants' printed circulars of prices, and such other general information as may be useful to appraisers in the discharge of their duties. 734. Consular officers will include in other details their several reports, in detail, informa- deemed useful. tion on any other points which they may think proper, in order to an ascertainment of the value of merchan- dise forwarded to the United States, and the assess- ment of the legal duties, forwarding any printed or other documents which they may think desirable that the Department should possess. , 735. Increased interest in the statistics „ „ . . - T , Commercial in- 01 foreign commerce, evinced by recent formation re- and repeated calls by Congress for all quired by Con- such information as may have come into the possession of the Department of State, has caused more than ordinary care in the preparation of instruc- tions upon this point, which it is hoped may not be without adequate response from the consular officers of the government at)road. All information possessing interest, and which is of a public character and proper for publication, is transmitted to Congress annually by the Secretary of State, with the name and residence of the consular officer by whom it is communicated. CHAPTER XXX y. DUTIES OF CONSULA.E OFBICEES IN RESPECT TO AMBEICAK OWNERS OF FOREIGN-BTTILT VESSELS.' 736. Inqttiey is frequently made of the Owners of for- Department of State and of the Treasury, eign-built ves- -^ •! ' seis owned by as to what documents can be issued, American citi- ^^^^^ ^^^ j^^^ ^^ ^j^^ United States, to zens. foreign-built vessels purchased and wholly owned by citizens of the United States, whether pur- chased of belligerents or neutrals during a war to which the United States are not a party, or in peace, of foreign owners, the purchase in either case being in entire good faith. „ , , 737. Vessels so purchased and owned Such vessels entitled to pro- are entitled to the protection of the tection. authorities and flag of the United States, as the property of American citizens, although no register, enrollment, license, or other marine docu- ments prescribed by the laws of the United States can be lawfully issued to such vessels. ^.„ , , 738. To enable, however, the owners of Bill of sale to . be recorded and a vesscl SO circumstanced to protect their authenUcated. rights, if molested or questioned, a con- sular officer, though forbidden by law to grant any marine document or certificate of ownership, may • General Begulations of the Treasury Department. 372 AMERICAN OWNERS OF FOEEIGN-BUILT VESSELS. 373 lawfully make record of the bill of sale in his office, authenticate its validity in form and substance, and deliver to the owner a certificate to that effect ; certify- ing, also, that the owner is a citizen of the United States. Before granting such certificate, the consular officer will require the tonnage of the vessel to be duly ascertained in pursuance of law, and insert the same in the description of the vessel in his certificate. (See Form No. 56.) These facts, thus authenticated, if the transfer was in good faith, entitle the vessel to protec- tion as the lawful property of a citizen of the United States ; and the authentication of the bill of sale and of citizenship will he prima facie proof of such good faith. 739. In all cases, therefore, where the consular cer- evidence of the purchase of a foreign ves- tifl<=ates. sel by a citizen of the United States, with proof of citizenship and of the bona Jide character of the pur- chase, shall be furnished to a consular officer, he will, if the proof be satisfactory, and purchase deemed fair, record the bill of sale in his office, and deliver to the party the original, with a certificate endorsed thereon. 740. It is to be distinctly understood, Disa-biiities however, that vessels not registered, en- of foreign-buiit rolled, or licensed, under the laws of the United States, wholly owned by citizens thereof, can- not legally import goods, wares, or merchandise from foreign ports, and are subjected in the coasting trade to disabilities and exactions from which documented vessels of the United States are exempted. 741. On arrival from a foreign port, when subject such undocumented vessels, if laden with to forfeiture. 374 DUTIES OF CONSULAR OFFICEES IN EESPECT TO goods, wares, or merchandise, will, with their cargoes, be subjected to forfeiture. If in ballast only, or with passengers without cargo, they will be subject to a tonnage duty of one dollar per ton. Whensubjectto 742. In the coastwise trade, such undo- tonnageduty. cumonted vossels, if laden with goods, wares, and merchandise of the growth or manufacture of the United States only (distilled spirits only ex- cepted), taken in within one district of the United States to be discharged in another district within the same, or in ballast, will be subjected, at every port of the United States at which they may arrive, to pay- ment of the fees prescribed by law in the case of ves- sels not belonging to citizens of the United States, and to a tonnage duty of one dollar per ton. But if they have on board any articles of foreign growth or manufacture, or distilled spirits, other than sea stores, such vessels, with their tackle, apparel, fur- niture, and the lading found on board, will be for- feited. And the master or commander of any such vessel bpund from one district in the United States to another district within the same, is required in all cases to comply with the provisions of the twenty- second and twenty-fourth sections of the coasting act of the eighteenth of February, seventeen hundred and ninety-three, in regard to reports, manifests, permits, entries, and other requirements therein contained; and on neglect or refusal to comply with any of them, he will incur the penalties therein prescribed. These statute provisions apply to undocumented ves- sels passing from one collection district to another collection district within the United States ; such AMERICAN OWNERS OF FOREIGN-BUILT VESSELS. 375 vessels not being embraced within the provisions of the act of second of March, eighteen hundred and nineteen, and the eleventh section of the act of seventh of May, eighteen hundred and twenty-two, dividing the coast of the United States into certain great districts, for the better regulation of the coast- ing trade. CHAPTER XXXVI. VEELFICATIOlir OP INVOICES. 743. The revenue laws of the United Consular cer- oi. . . , i ±-i! j. tificates to in- States require two consular certmcates voices re- only to luvoices of foreign merchandise imported into the country, one authenti- cating the invoice, the other the value, in Spanish or American dollars, of the currency in which the in- voice is made out. Currency cer- '^^- ^ curreucy Certificate is not re- tificate, when quired wheu the invoice is made out in "^"^ ■ foreign currency contained in the table of equivalents established by the laws of the United States, and annexed to these Instructions (see Form No. 146), unless such currency has been debased sub- sequently to the date of the act of Congress deter- mining its value, and also in cases where the invoice is made out in a depreciated currency, which is issued and circulated under the authority of any foreign government. In such cases special instructions are given to consuls in countries so situated.^ 745. It is provided, by the first section of the act of Congress, approved March 3, 1863, to prevent and punish frauds upon the revenue, that from and after 1 See Circular of the Secretary of State, No. 35, 1863. 376 VERIFICATION OF INVOICES. 377 the first day of July, eighteen hundred ^^^ ^j (.„„. and sixty-three, all invoices of goods, gress, March 3, wares, and merehandise imported from any foreign country into the United States shall be made in triplicate, and signed by the person or per- sons owning or shipping said goods, wares, or merchan- dise, if the same h^-ve actually been purchased, or by the manufacturer or owner thereof, if the same have been procured otherwise than by purchase, or by the duly authorized. agent of such purchaser, manufac- turer, or owner ; and said invoices shall, at or before the shipment thereof, be produced to the consul, vice consul, or |Commercial agent of the United States nearest thei place of shipment, for the use of the United States, aijd shall have endorsed, thereon, when so produced, a declaration signed by said purchaser, manufacturer, owner, or agent, setting forth that said invoice is in all respects true ; that it contains (if the goods, wares, and merchandise mentioned therein are subject to ad valorem duty, and were obtained by purchase) a true and full statement of the time when and the place where the same were pur- chased, and the actual cost thereof, and of Actual cost. all charges thereon ; and that no discounts, bounties, or drawbacks are contained in said invoice but such as have actually been allowed thereon ; and when obtained in any other manner than by purchase, the actual market value thereof at the time ,, , V Market value. and place when and where the same were procured or manufactured; and if subject to specific duty, the actual quantity thereof; and that no different invoice of the goods, wares, or merchandise men- 48 378 VEEIFICATION OF INVOICES. tioned in the invoice so produced has been or will be furnished to any one. If said goods, wares, or merchandise have been actually purchased, said decla- ration shall also contain a statement that Currency. the currency in which said invoice is made out is the currency which was actually paid for said goods, wares, or merchandise by the purchaser. And the person so producing said invoice shall at the same time declare to said consul, vice consul, or commer- cial agent the port in the United States at which it is intended to make entry of said goods, wares, or merchandise; whereupon the said consul, vice consul, or commercial agent, shall endorse upon each of said triplicates a certificate, under his hand and ofl&cial seal, stating that said invoice has been produced to him, with the date of such production, and the name of the person by whom the same was produced, and the port in the United States at which it shall be the declared intention to make entry of the goods, wares, or mer- chandise therein mentioned. And thereupon the said consul, vice consul, or commercial agent shall deliver to the person producing the same one of said tripli- cates, to be used in making entry of said goods, wares, or merchandise ; shall file another in his office, to be there carefully preserved; and shall, as soon as prac- ticable, transmit the remaining one to the collector of the port of the United States at which it shall be de- clared to be the intention to make entry of said goods, wares, or merchandise. And no goods, wares, or merchandise imported into the United States from any foreign place or country after said first day of July, VEMFICATION OF INVOICES. 379 eighteen hundred and sixty-three, shall be admitted to an entry unless the invoice presented Entry, when shall in all respects conform to the re- prohibited. quirements hereinbefore mentioned, and shall have thereon the certificate of the consul, vice consul, or commercial agent hereinbefore specified, nor unless said invoice be verified at the time of making such entry by the oath or affirmation of the owner or con- signee, or the authorized agent of the owner or con- signee thereof, certifying that the said invoice and the declaration thereon are in all respects true, and were made by the person by whom the same purports to have been made, nor except, as hereinafter provided, unless the triplicate transmitted by said consul, vice consul, or commercial agent to the collector shall have been received by him. And if any such owner, con- signee, or agent, of any goods, wares, or merchandise, shall knowingly make, or attempt to make, an entry thereof by means of any false invoice, or paise invoice false certificate of a consul, vice consul, or ""^ certifiate. commercial agent, or of any invoice which shall not contain a true statement of all the particulars herein- before required, or by means of any other false or fraudulent document or paper, or of any other false or fraudulent practice or appliance whatsoever, said goods, wares, and merchandise, or their value, shall be forfeited and disposed of as other for- feitures for violation of the revenue laws : Provided, That where, from a change of the destina- tion of any such goods, wares, or merchandise, after- the production of the invoice thereof to the consul, vice consul, or commercial agent, as hereinbefore pro- 380 . VEKIFICATION OF IITVOICES. vided, or from other cause, the triplicate transmitted to the collector of the port to which such goods, wares, or merchandise were originally destined, shall not have been received at the port where the same actually arrive, and where it is desired to make entry thereof, said goods, wares, and merchandise may be admitted- to an entry on the execution by the owner, consignee, or agent of a bond, with sufficient secu- rity, in double the amount of duty appa- rently due, conditioned for the payment of the duty which shall be found to be actually due thereon. And it shall be the duty of the collector of the port where such entry shall be made immediately to notify the consul, vice consul, or commercial agent to whom such invoice shall have been produced, to transmit to such collector a certified copy thereof; and it shall be the duty of such consul, vice consul, or commercial agent to transmit the same accordingly without delay; and said duty shall not be finally liquidated until such triplicate, or a certified copy thereof, shall have been received : Provided, That such liquidation shall not be delayed longer than eighteen months from the time of making such entry: And provided, further, That when, from accident or other cause, it shall be imprac- ticable for the person desiring to make entry of any goods, wares, or merchandise, to produce, at the time of making such entry, any invoice thereof, as herein- before required, it shall be lawful for the Secretary of the Treasury to authorize the entry of such goods, wares, or merchandise, upon such terms and in accord- ance with such general or special regulations as he may prescribe. And the Secretary of the Treasury VERIFICATION OF INVOICES. 381 is hereby invested with the like powers of remission in cases of forfeiture arising under this act as in other cases of forfeiture under the revenue laws : And pro- vided, further, That the provisions of this act shall not apply to countries where there is no consul, vice con- sul, or commercial agent of the United States.^ 746. It will thus be seen that the first ^ , ,. Dedaration to section of this act requires all invoices of invoice; by goods, wares, and merchandise imported '^^°^ '" ^^ from any foreign country into the United States to be made in triplicate, and the declaration signed by the person or persons owning or shipping said goods, wares, or merchandise, if the same have actually been purchased, or by the manufacturer or owner thereof, if the same have been procured other- wise than by purchase (that is to say, have been manufactured by the person or persons shipping the goods or producing the invoice), or by the duly authorized agent of such purchaser, manufacturer, or owner. 747. It is expected by the Department ^ , . , . Declaration to that, SO far as possible, the declaration to be made by a an invoice shall be made by the manu- '■e^po^sibie ■' party. facturer himself, or by the person actually owning or shipping the goods, wares, or merchandise. An invoice, to which the declaration is signed, or the oath is made by the manufacturer, seller, or owner, and which bears internal evidence of having been made or prepared under their direction respectively, or of some person acquainted with the actual cost or actual market value of the goods, wares, or merchan- ' Statutes at Large, vol. xxi. pp. 737, 738. 382 VEEIFICATION OF INVOICES. dise, named in the invoice, and with all charges thereon, is more satisfactory, and is consequently entitled to more confidence at the custom house than one which is declared or sworn to be^a mere shipping agent or clerk, and is therefore more severely scrutin- ized by the custom house ofl&cers.^ 748. In no case must any consular Agent making _ _ •' declaration officor permit the declaration to be made, must be duly qj. ^^q Qg^^]j taken to the correctness of an authorized. invoice, by an "agent," unless he be "duly authorized" to act as such agent, and pre- viously file with the consular officer the evidence, in legal form, of his authority to bind his principal by his declaration or oath, and act as his " duly author- ized agent." 749. To facilitate the operations of the laration™ and ^ustom house, cousuls will take care, consular certifi- whenever it is practicable, that all in- Wexporter.'^^ voicos are properly folded and endorsed, and the blanks in the declaration and consular certificate properly filled. This should be done by the shipper before presenting the invoice for the consular verification.^ 750. It has been represented to the Department of State that many consular officers, in certifying in- voices, fail to discriminate properly between the Purchasers' and Forms of Declaration, Kos. 142 and 143. manufacturers' Purckosers of goods are thus frequently allowed to make declaration as to their " market value," and manufacturers as to their " cost." The requirements of the statute are the very reverse 1 Circular No. 48, 1864. 2 Circular No. 40, 1863. VERIFICATION OF INVOICES, 383 of this. Neglect to follow them with scrupulous exact- ness is a source of embarrassment to importers and to the officers of the customs, and tends to the injury of the revenue. Consular officers are therefore enjoined to exercise great care in this particular.'^ 751. The original, duplicate, and tripli- p^^ cate of an invoice are to be regarded as parts of one and the same invoice, and a fee of two dollars and fifty cents is to be charged for the consular certificate. The declaration required by this act, or the oath authorized to be required by the act of March 3, 1865, is to be endorsed upon the invoice, or annexed thereto in such a manner as that no other invoice can be substituted for the original paper.*^ 752. Whenever a consul is so requested by the purchaser, manufacturer, owner, ^ipicate m-. J r 1 'I voice may be or duly authorized agent of such pur- delivered to T_ J? 1, i_ person making chaser, manufacturer, or owner, he may j , ,. ' T T J declaration. deliver to the person making the request the triplicate invoice intended for the collector of cus- toms in the United States, to which the declaration of such purchaser, manufacturer, owner, or duly autho- rized agent is attached in due form, to be by such person forwarded, at his own expense, to the collector, in order to insure its prompt delivery to the said collector. Prior to the delivery of such triplicate invoice, the consul must, with a small stamp, place near the bottom of the first page of the invoice, at the left-hand corner, the amount of the invoice, and its consular number, the name of the consulate, and the 1 Circular No. 53, 1864. » Circular No. 35, 1863, and No. 59, 1866. 384 VEEIFICATIOK OF INTOICES. amount and number of the fee received for the consular verification ; the same must be also stamped upon the consular certificate attached to the invoice ; the consul's name must be written with his own hand upon the certificate. The certificate must be carefully attached to the invoice by a seal, in such a manner that the integrity of the consular seal and signature shall be put beyond all possible question ; and for this purpose a silk cord or narrow ribbon running under the seal must, if necessary, be used. After the triplicate in- voice intended for the collector, with the attached cer- tificate, is thus stamped and sealed, it is to be placed in an envelope, upon which the address of the collector must be printed, lithographed, or carefully written ; on which, also, must be stamped the name of the con- sulate, and the date. The blank to indicate the num- ber of the enclosed invoice must be filled in writing. A small silk cord or narrow ribbon must then be passed through the envelope near the ends and sides, and passing under the consular seal, with which the envelope must be carefully sealed. It may then be delivered, as above mentioned, to the purchaser, manufacturer, owner, or authorized agent of such purchaser, manufacturer, or owner.^ 753. Xo extra charge is to be made for charge to be the delivery of the triplicate invoice in the made for the manner above indicated, as it is obvious that whenever this course is adopted the government is exempted from the payment of postage on the transmission of the triplicate, which it may be well for consuls to bear in mind. 1 Circular No. 48, 1864. VERIFICATION OF INVOICES. 385 754. The parts of invoices retained by Triplicate in- consular officers for the purpose of being voices to be transmitted to the collector of the port in thlToUector of the United States at which it is declared customs at port the entry is to be made, should be ° ^" ^^' forwarded to the collector, in one package, by the master of the vessel in which the shipment is made. Consuls resident in the interior, where goods are pur- chased, as at Manchester or Lyons, will, in like man- ner, transmit the parts of invoices perfected by them, and intended for the collector, to the consul at the port of shipment, which is to be designated in such invoices, with a descriptive list, so that he may be able to compare it with the ship's manifest before taking the master's receipt, agreeably to Form No. 145, hereto annexed, on the delivery of the invoices at the same time with the ship's papers. If, from any cause, the parts of invoices to be sent to the col- lectors of customs are not sent by the ship or vessel in which the shipment is made, such packages are to be forwarded to the collector of the port indicated in such invoices by the first mail.^ 755. Invoices should be sent in the ;^q^q of trans- vessel containing the goods whenever it is mission, practicable, as required by the third paragraph of Circular 'No. 35. If, for any cause, such transmission is not practicable, a different course must be justified by the special facts of the case. In such instances, the best and most economical mode of transmitting the part of the invoice intended for the collector of the port to which the goods are destined will be through 1 Circular No. 35, 1863. 49 386 VERIFICATION OF INVOICES. the mail, thus obviating, in these special cases, the sending of the invoice to the consul at the port of ship- , ment, which is sometimes impracticable or useless for the want of information as to the vessel by which the goods are to be shipped.^ 756. In transmitting invoices to collectors, in order to insure the integrity of the package, care will be taken to pass a small tape through the envelope and invoices, and confine the extremities by the wax under the seal. 757. Consuls residing in Great Britain, Great Britain" "*^ith the oxccption of the cousul at Liver- to forward tri- pool, who is able to transmit conveniently T)llC3i1i6 U1V01C6S through de- the invoiccs verified by him directly, and spatch Aguii- without expeuse to collectors of customs, qui, London. . ,, . have been specially instructed to transmit the triplicate invoices to the despatch agent of the United States in London, by whom they are forwarded in bags addressed to the sev-eral collectors designated by the invoices. A similar arrangement exists in France, where invoices are received and forwarded by the despatch agent at Havre, and much expense in postage thereby saved to the United States. ^ ,. . 758. The parts of invoices retained for Duplicate in- -^ _ _ voices to be the purposc of being filed in the consulate preserved in g]jQui(j jjg carefullv numbered, dated, and the consulate. . ^ endorsed with the names of the persons by whom, or in whose behalf, the declarations thereon were made, and be scrupulously preserved. , Consuls, at ports where the goods are shipped on board of vessels will take care to fasten the parcels 1 Circular No. 40, 1863. VEEIFICATION OF INVOICES. 387 transmitted to the collectors of customs with tape or ribbon, and seal them with wax or with the usual paper consular seal, on which is to be impressed the seal of the consulate, so that the integrity of the pack- age may be verified by the collectors where delivered. 759. Cases have sometimes occurred where the tri- plicate invoice, transmitted by the consular officer to the collector of customs of the collection district to which the goods specified were invoiced, has not been received by said collector. This may be imputed to various causes, some of which are supposed to be beyond the control of the officers whose duty it is to prepare and transmit the invoices. 760. In anticipation of like failures, and consular offi- to avoid any questions which might here- cevs to furnish «, . n . p J J 1 /* 1 custom houses after arise, as well as to periect the tiles gratuitously of various custom houses, consular officers any missing IT Tiij_ ^ ^ J? document. are hereby directed to supply, tree oi charge, to the collectors, upon their application, copies of any such documents as may have failed to reach their destination, or, having been received, shall have been mislaid or lost in the custom houses. -r 1 ,, n J 1 J • T i Consular officer In cases where ,the collector s triplicate, authorized to having been delivered by the consular offi- charge for docu- cer to the purchaser, manufacturer, owner, through ship- or agent, may have failed to reach the per'snegii- 0^611 C6. collector, the consul is authorized to charge his fee for supplying such invoice.^ 761. In cases where, by reason of the loss of the originals, or for their own convenience, parties apply for duplicates, triplicates or quadruplicates of official ' Circular No. 56, 1866. 388 VEEIFICATIOlSr OF INTOICES. documents, such as debenture certificates, verified in- voices and the like, consuls are instructed, as a general rule, to furnish, instead of a duplicate, a of papera°^re- Certified copj of the instrument requested, quired, to be fgj. which a fee of two dollars is charge- able. The party applying may be required to prepare such copy, the consular officer providing the certificate only ; otherwise he is entitled to the schedule fee for copying. Should the applicant insist upon receiving a duplicate, then the schedule fee is to be exacted as for original service.^ Forms of cer- '^^^- ^1^^^^ ^^^ provisious of the act tificates to in- of Cougrcss of March first, eighteen hun- Toices. dred and twenty-three, the invoices of all imported goods subject to ad valorem duty belonging to persons not residing in the United States must be sworn to and verified by consular certificates, accord- ing to Form 'No. 22 or Ko. 23, as the case may be ; the oath must be taken by the owner or manufacturer of the goods, or a member of the firm owning or manufac- turing them, and not by a clerk or other subordinate. What invoices ^^^- "^^^ attention of consular officers are to be veri- is also directed to sectipns 8 and 11 of the act of Congress of March 1, 1823, in which it will be seen that a consular certificate is required in all cases of invoices of goods exported by the manufacturers thereof, in whole or in jaart for their account, notwithstanding another owner in part may reside in the United States. This provision of the law of 1823, there is reason to believe, has been hitherto overlooked in many instances. ' Circular No. 52, 1864. VERIFICATION OF INVOICES. 389 764. By the first section of the act ap- j^u invoices to proved March 3, 1863, all invoices of te verified, goods imported into the United States from a foreign country are required to be verified by consular certifi- cates,^ and agreeably to Forms 142 and 143.^ 765. It is to be remarke^d that, by the currency cer- act of March third, eighteen hundred and tJ^cate. one, invoices of all goods imported into the United States subject to a duty ad, valorem are required to be "made out in the currency of the place or country from whence the importation shall be made; and shall contain a true statement of the actual cost of such gojods in such foreign currency or currencies, without any respect to the value of the coins of the United States, or foreign coins which now are, or shall be, by law, made current within the United States in such foreign place or country." Hence invoices of free goods are not required to be made out in the currency of the country from whence the goods may be im- ported ; but whenever invoices of such goods may be made out in the currency of the country, Depreciated and said currency is depreciated, and its ^""ency. value not fixed by any law of the United States, a con- sular certificate of the value of such currency must, as before intimated, accompany the same. 766. There is nothing in the law or invoices of free instructions of the Treasury Depart- ^°°^- ment to prohibit invoices of free goods from being made out in the currency of the United States, or that of any other country where its value is fixed by our laws. 1 Statutes at Large, vol. xii. p. 737. ^ Circular No. 35, 1863. 390 VEEIFICATION OF INVOICES. 767. Invoices of ad valorem or free Certificate in . „ . - cases of depre- goods, when made out m a foreign depre- ciated cur- ciated currencv, or a currencv the value reney. '' "^ of which is not fixed by the laws of the United States, whether the importer or owner resides in this country or abroad, must in each case be accom- panied by a consular certificate, showing the value of such currency in Spanish or United States silver dollars, according to Form Ko. 24. Mode of mak- ^^^- Cousular oflficers will either make ing a consular their Certificate upon the invoice itself, or, certificate. i • i * 1 1 t i j i when it IS attached as a separate docu- ment, give such details as to the names of the shippers, consignees, vessels, and captains, the nature of the merchandise, and the total amount, as will fully iden- tify the invoice annexed, instead- of giving, as some- times heretofore, their certificates in such general terms as to admit of the deception, which the Department is informed has been practised, of substituting another invoice in place of the one for which the certificate was originally issued. 769. They are also especially enjoined observed in to obscrve great caution in granting cer- tiSS^ ''^'" tificates, where application shall be made for the same, for former shipments which were unaccompanied by said certificates, until they are fully satisfied by the correctness of the invoice pre- sented to them for that purpose, since the very omis- sion of the certificates with the invoices at the time of entry is, in many cases, presumptive evidence that a fraud was intended, if not practised, upon the public revenue. VERIFICATION OF INVOICES. 391 770. Applications are frequently made to the Treasury Department for permis- m^ggion of sion to enter merchandise where the in- consular cer- 1 • 1 1 J.1 ii? 1 tificates to be voices are not accompanied by the needful g^fo^gg^ consular certificates in the cases where such certificates are by law required. That Depart- ment has heretofore acted with great leniency and in- dulgence in such cases, but experience has shown the necessity for a more rigid course in future ; and, in all cases where such consular certificates should accom- pany the invoices any penalty which may be incurred for want of them will be regularly enforced. 771. In all cases where the oaths to in- Magistrate's voices are not taken before the United certificate to be /->(,. 1 1 J 1 i. IT authenticated. States consul, but beiore some .public officer duly authorized to administer oaths in the country where the goods shall have been purchased, the official certificate of such officer must be authenti- cated by a consular officer of the United States. 772. If there be no consular officer of the United States in the country from ^f^ °^ ^T*" •' cation when which the merchandise shall have been there is no con- imported, the authentication must be !^ *"" ° f^^ '° J- ' the country. executed by a consul of a nation at the time in amity with the United States, if there be any such residing there. If there be no such consul, the authentication must be made by two respectable mer- chants, if any such there be, residing at the port from which the merchandise shall have been imported. 773. It is proper that the oath taken oaths to for- by foreigners should be administered to signers, how . . to be adminis- them, not only in their own language, so tered. 392 VERIFICATION OF INVOICES. that they may fully understand the nature and import of it, but also in the form practised in their own country, which would probably be con- sidered by them as more solemn and of a more bind- ing nature than if administered in a form to which they have not been accustomed. 774. If a consular officer ascertains and BuiS officerTn ^^^ reliable evidence of the falsity of an cases of per- oath, administered either by himself or ^^^' by a local magistrate whose certificate he has authenticated, he should notify the Treasury De- partment, which will transmit to him the original in- voice and oath, to be used, if deemed expedient, in a prosecution for perjury. ^ , . . 775. In those countries where foreign Oath to invoice, _ _ *-' by whom to be cousuls residing therein are not permitted administered. ^^ administer oaths, or where oaths, to be valid, can only be administered, by certain local officers, the oaths to invoices are not to be taken be- fore a consular officer, but before some public officer duly authorized to administer oaths in the country, and the official signature of such officer is to be authenticated by the consular officer. But the consul is not thereby relieved from the duty of inspecting the invoice, and from reporting to the Treasury Depart- ment in regard to any attempt to defraud the revenue. 776. For the authentication of a siena- Fee . ture in these cases the fee of two dollars and fifty cents, prescribed by the consular tariff, is to be charged. 777. In those countries where an oath to an invoice, to be of legal force, must be taken before a local VEKIFICATION OF INVOICES. 393 magistrate or other officer, the oaths, both of Americans and aliens, must be administered by such officer, and not by the consul. The consul will authenticate the signature of such officer. 778. Consuls are not to include the magistrate's fee for administering an oath f^e not to be in- as a part of the fee for the authenticating eluded in the j> ■ • TTr-ii J.1 J? 1 11 consular charge. ot an invoice. With the tee charged by this officer for the service, neither the consul nor the government has any concern. The fee must be paid by the person requiring the service, and not by the consul.^ 779. Shipments of merchandise by ^ . ■^ "^ invoices. several vessels cannot be embraced in a single invoice, and be covered by a single consular certificate. The merchandise shipped by each vessel must be embraced in a distinct invoice, duly verified, if on foreign account, by the oath of the owner, and authenticated by a consular certificate. 780. Foreign merchandise destined for „, . _ Shipments of a port of the United States by way of the merchandise by river St. Lawrence, is not unfrequentlv ?® ™^ °^ ^^^ ^ "^ St. Lawrence. transhipped from the importing vessel to one or more vessels of light draught, and on arrival at the port of destination is found to be unaccompanied by the documents entitling it to entry. Where all the articles embraced in the invoice are transhipped on the St. Lawrence to a single vessel, the proper invoice must be presented on entry, together with a copy of the clearance from the foreign port of exportation of the vessel from which the transhipment took place, 1 Circular No. 29, 1862. 50 394 VEKIFICATION OF INVOICES. certified to be a true copy by the collector or other chief revenue oflBcer of the Canadian port at which the vessel was entered. When the articles embraced in a single invoice are transhipped on the St. Lawrence to several vessels, they will be admitted to entry on the production of the proper invoice, and a statement under oath of the person or agent superintending the transhipment, describing the articles, by numbers, marks, etc., transhipped to each vessel, and stating in what invoice they are embraced, together with the certified copy of the clearance of the importing vessel, as above required. . . 781. Whenever consular certificates to Where invoices are to be veri- iuvoices of goods destined for the United ^^^ States are required, they are to be granted only by the consular officer within whose consular jurisdiction such goods have been manufactured or prepared for exportation. A practice, it is understood, has extensively prevailed of transmitting invoices to a consular officer at the port of shipment for the usual consular certificates, whose certificate must often necessarily be given without due knowledge of their accuracy or details. Thus, invoices of goods manu- factured or prepared for shipment in Switzerland have sometimes heretofore been sworn to at Havre ; in- voices from Lyons have been verified at Marseilles ; and those from the Prussian provinces of the Rhine, at the ports of Holland and Belgium. It is manifest that great abuses must spring from such a practice, the meaning and intent of the law being to require those who have an accurate knowledge of the contents of invoices and the prices of goods comprising the VERIFICATION OF INVOICES. 395 same personally to depose to their valuation. When- ever, therefore, invoices of goods are produced for verification to consular officers residing at places which are manifestlv not the place of ^ . ^ , •^ ■•■ Invoices to be shipnaent or manufacture in the sense verified by con- above mentioned, as, for instance, when ™'^ ^' p^*°® °^ _ ' ' manuiacture. invoices of carpetings which are manu- factured at Halifax or Kidderminster," stuff goods shipped from Bradford, laces and hoisery from Nottingham, woolen goods from Leeds, steel and cutlery from Sheffield, silks and velvets from La Rochelle, silk goods and foulards from Zurich, wines from the Rhine, linens from Belfast, are presented to the consuls residing at seaports or places which are evidently not the places of shipment or manufacture, such invoices are not to be verified by the consuls at such seaports or places, but are to be remitted to the consul residing nearest to the true place of the manu- facture of such goods, wares, or merchandise. 782. One of the objects of the law, as undervaiua- set forth in its title, was " to prevent *'°"- fraud," and it is believed that fraudulent undervalua- tion of invoices could be more certainly detected by the production of the invoice to the consul at the " place of shipment," which term, as defined by the Department, "is the place where merchandise has been manufactured or prepared for exportation, and at which its journey to the United States commences, and is not necessarily the place where it is actually put on board ship." Thus goods manufactured at Manchester or Lyops, which are put on board ship at Liverpool or Havre, respectively, or elsewhere, are to be considered 396 VEEIFICATION OF INVOICES. as shipped from Manchester or Lyons, and the invoices must be produced for verification to the consuls at those places respectively.^ Duty of con- 783. The consular ofl&cer at the place suiar officer. Qf shipment or manufacture is presumed by the law to be able to determine, by a comparison of invoices produced for verification and of samples filed in his office, by inspection of the articles of manufacture themselves, or by his knowledge of the wholesale price or market value of all articles manu- factured within his consular district — with which it is his duty to become acquainted — ^whether the " invoice is in all respects true."^ Place of manu- 784. There are classes of merchandise facture. which are brought to a certain condition at one place, and are sent to a second to receive some change in character or value, and which, when per- fected, are taken to the great centres of trade, as Lon- don, Liverpool, or Havre, where they are invoiced and shipped abroad. The invoices of such goods may be produced to the consuls, and verified by them at the places, respectively, where the last manufacturing pro- cess is undertaken and completed, and at which the goods are actually packed and prepared for exporta- tion, and where the actual journey to the United States commences. All consular officers, therefore, are strictly enjoined to conform to this rule.^ Details of in- 785. An erroneous impression exists voices to be ex- ^-^j^ many foreign shippers of goods to 1 Circulars of the Secretary of State, No. 35, 1863, and No. 58, 1866. 2 Circular No. 58, 1866. ' Circulars Nos. 35 and 58. VEEIFICATION OF INVOICES. 397 the United States, that the consuls before whom the oath to invoices is either taken or verified have no power to examine the details of such invoices, but simply to verify the fact of such oath being taken before them or by an officer in authority known to them as such. This is not the fact; and consular of- ficers are expected before verifying invoices to satisfy themselves of their correctness. 786. For the purpose of carrvins: out a _ '- ^ ./ o Keaaonable particular system of revenue duties, the time to be given government of the United States requires fff lamination ■'■01 invoices. that the accuracy of certain invoices should be ascertained and verified ; and a reasonable time for consuls to accomplish that object, by an examination of such invoices, cannot be justly denied to them. In some of the most important consulates invoices are required to remain in the consular office twenty- four hours before verification, and this course has been sanctioned by the Department, in order that the con- sular officer may have ample opportunity to verify the prices of the goods, wares, or merchandise mentioned in the invoice. 787. Consular officers are not supposed, at first, to be practically acquainted with frauds "on the the market prices or value of all merchan- revenue to be dise within their district, or of the precise ^^° weights, tares, measures, bounties, etc., included there- in ; but inquiry and experience will soon enable them to acquire this information, and to render efficient aid to the revenue officers of the United States by the dis- covery of errors or frauds, and by promptly informing the Treasury Department, as well as the collector of 398 VERIFICATION OP IliTVOICES. the port to which the goods may be destined, of every instance where an exporter persists in refusing to cor- rect his invoice, when apprised of its defects and that it will be subject to revision at the custom houses of the United States. 788. It is provided by the " Act further Oath may be , • i j» xi 'J? j_" j» • ■ jj required and **^ providc for the Verification 01 invoices, act of March 3, approved March 3, 1865, " that all con- sular officers of the United States be, and they are hereby, authorized to require, before certify- ing any invoice or invoices under the provision of the first section of the act entitled " An act to prevent and punish frauds upon the revenue," approved March 3, 1863, satisfactory evidence, either by the oath of the person or persons presenting such invoices, or other- wise, that such invoices are correct and true : Provided, That in the exercise of the discretion hereby given, the said consular officers shall be governed by such general or special regulations or instructions as may from time to time be established or given by the Secretary of State.^ Powers of con- '^^^- ^^ ^^^ excrcise of the power which suiar officers. is thus Conferred, the Secretary of State, in April, 1866,^ called the particular attention of con- sular officers to the provisions of this act. They were instructed that a judicious and faithful exercise of the powers thus conferred upon consular officers is deemed to be of great importance. The act of March 3, 1863, repealed the seventeenth section of the act of July 14, 1862, which required that all invoices should be ' Statutes at Large, vol. xii. pp. 532, 533. ^ See Circular No. 59, 1866. VEEIFICATIOK OF INVOICES. 399 verified by oath, it being supposed that the safeguards against frauds in invoices provided by the former act would prove sufficient. But experience having shown that this belief was not well founded, and that addi- tional ^precautions were necessary in order to secure fidelity in the terms and use of those important instru- ments, the act to which attention is called was passed. It will at once be perceived that this act devolves upon consular officers the duty of securing truthful- ness and correctness in invoices. The powers con- ferred upon them for this purpose are ample. They are authorized to require, before certifying invoices, satisfactory evidence, either by the oath of the person or persons presenting them, or otherwise, that they are correct and true. 790. It is, therefore, manifestly but Responsibility proper that those officers should be held of consuls, responsible for any want of truth or correctness in in- voices certified by them, and they will be held responsible accordingly. They are expected to keep themselves informed as to the kinds, qualities, and market value of the merchandise exported from their respective districts to the United States, and to see that every invoice exhibits a fair and true description of the merchandise to which .it relates, and contains a true statement of the price or value thereof, 791. For this purpose they will, when- ever they deem it expedient, require the ^g^^e of ex- oath of the persons presenting the in- perts to be „ ,, , . taken. voices, or of the shippers, owners, or manufacturers of the merchandise, to their correct- ness ; and will even, if necessary, examine, under oath, 400 VEEIFICATION OF INVOICES. such persons, or others whose statements would be of value, upon any matters calculated to satisfy the minds of the officers upon the general subject of in- quiry. Samples may be 792. The cousular officer will also, required. whenever he considers it expedient and proper so.to do, require that samples of the merchan- dise shall be exhibited to, and in proper cases de- posited with, him. This should especially be required whenever the invoice does not contain a description of the merchandise specific and full enough to advise the consular officer, the appraisers, and others, of the kind, quality, or grade and style of the merchandise, sufficiently to enable them to know or ascertain the market value thereof without the inspection of the merchandise itself. And where, from the character of the merchandise, it is manifestly impracticable, or would be unreasonably burdensome upon the ex- ,„ , porters, to require the production of Where samples J. ' J. r ma,j be dis- Samples, the consular officer will require pens witb. ^Y^^^ ^j^g invoice shall contain such par- ticularity of description as has just been mentioned, if the same be reasonably attainable. In cases, if there be such, where it is not practicable or reasonable to re- quire either such particularity of description or the pro- duction of samples, the officer must resort to other means of satisfying himself of the correctness of the invoice. o , It is particularly desirable that samples Samples re- ■■■ -^ -"^ quired at cer- shall be required of all merchandise of a tain places. nature to be sampled, exported from the districts of London, Manchester, Leeds, Glasgow, Bel- fast, Paris, Lyons, Zurich, Basle, Aix-la-Chapelle, VEKIFICATION OF INVOICES, 401 Berlin, Leipsic, Dresden, Vienna, Frankfort, and Brussels ; and consular officers at those consulates will require them accordingly. 793. All samples must be accompanied certifieate with by a card (see Form No. 163) or state- samples re- ment, which, if practicable, shall be at- ^^"^ ' tached thereto, containing the particulars indicated on the Form prescribed by the Department, including the certificate at the bottom thereof, which must be signed by the shipper or his agent ; and samples of textiles must be of such size as may be indicated by the proper revenue officer of the Treasury Depart- ment. 794. All samples must be carefully pre- samples to be served, together with the cards or state- preserved. ments accompanying them, and must not be suffered to be inspected or seen by others than officers or agents of the government, excepjt in case of exhibition for the purpose of ascertaining or establishing the market value or price, in which case the name of the shipper will not be made known. 795. In the execution of the instructions Revenue in regard to all matters connected with the ^™*s- revenue, consular officers will, when practicable, con- fer with the agents of the Treasury Department — two of whom have been appointed for Europe, and who have been instructed by the Secretary of the Trea- sury to afford their advice and assistance in the premises. 796. Consular officers will also render consuls to con- to such revenue agents every assistance fer with revenue in their power in the performance of their 51 402 VEKIFICATION OP IITV^OICES. duties, giving them free access to the records and papers of their consulates relating to trade with the United States ; communicating to them promptly any information acquired by the former, showing or indi- cating actual or contemplated frauds in the exportation of merchandise to the United States, or which may be in any wise useful to such agents in the prosecution of their inquiries or the performance of their duties, and generally co-operating with them therein ; and particularly giving special attention to any invoices or merchandise in which, or in relation to which, such agents may advise them that there is reason to appre- hend that fraud or irregularity has been or is likely to be committed. Where samples, are susceptible of being divided, such agents will be entitled to one-half of any such sample on application therefor; and in all cases they will be entitled to make such use of samples as may be necessary to enable them to prosecute any inquiry, or procure any required proof in the perform- ance of their duties. Undervaiua^ 797. Cousular officers, by due attention *^°°- , and vigilance, can do much toward check- ing and preventing the numerous frauds which are undoubtedly practised upon the revenue, if they will report to the collectors of the customs of the United States all those invoices where, in their opinion, under- valuation has been made, and by otherwise keeping the collectors or this Department generally and fully advised on the subject; and they are earnestly re^ quested to do so, and to consider it one of the most important services which they can render in connection with the faithful collection of the revenue. VERIFICATION OF INVOICES. 403 798. In the application of a system of „. ., ^ ^ _ '' Vigilance to be specific and ad valorem duties to the reve- observed by nue of the United States, the Treasury '=°°'™,'^'^ °^- Department relies with confidence upon the vigilance of consuls for the detection of any abuses that may be committed, or any unfair practices that may be supposed to* exist, in regard not only to the declaration of the original cost or export value of foreign merchandise, but in all the charges, discounts, bounties, &c., incident to the business of preparing goods for the markets of the United States, as well as for their promptness in reporting all the particulars to the Secretary of the Treasury. 799. By recent legislation and circular instructions from the State Department, in all large manufacturing and exporting districts United States consuls are made quasi appraisers. By the act of August 18, 1856, the eighteenth section of tariff act of July 14, 1862, the first section of act of March 3, 1863, and the consular instructions from the Department of State, consuls are made responsible for the correctness of invoice valua- tions. These statutory provisions and Department regulations require consuls not only to be learned in revenue laws, but to be experts in the value of mer- chandise sent from their consular districts to the United States.^ 1 Eeport No. 30, 39th Congress, 2d Session, House of Kepresentatives. 404 VERIFICATION OF INYOICES. 800. The following extracts from letters of the Sec- retary of the Treasury, appraisers, and revenue agents, are important as showing the decisions of the Depart- ment in regard to the verification of invoices : — No. 1. . Lbtter of the Secretary of the Treasury. [exteact.] Consul's fee; ^Ol. Messrs. * * * * ^ave appealed specified (N"o. 2,482) from your decision assessing ■^ ^^^' certain duty on one cask of claret wine imported in the bark "Marie Louise," from Bor- deaux, December 1, 1864, and complain of the inclu- sion in the value of said wine of the charge for consul fee. The consular fee of |2-50 is a " charge specified by law," and was properly added to the cost of the wine, under the 24th section of the act approved June 30, 1864. Your decision is hereby affirmed.^ No. 2. Letter of the Secretary of the Treasury. [extract.] 802. I have received your letter of the 21st ultimo, stating that certain invoices have been returned to your consulate as informal, because the cost of the merchandise was declared upon, rather than the market value. You inquire if there has been any change ' See letter of the Assistant Secretary of the Treasury, January 27, 1865. VEKIFICATION OF INVOICES. 405 made in the regulations, and what course you shall pursue in the future. 803. Sect. 1, Act 3d March, 1863 (Stat, cost and mar- p. 737), is intended to secure the ascer- ^et^aiue. tainment of the actual value of the merchandise at the port of shipment; and with this view a bona fide pur- chaser is permitted to declare the cost of the goods ; that is, what he actually paid for them, which will of course approximate closely to the market value if the transaction is clear of fraud. All other shippers are required to declare the "market value''' of the mer- chandise. 804. You will perceive that no change has been made in the Regulations touching this matter, since the Forms 142 and 143, which are enclosed with your letter, make precisely the above distinction, and it is only necessary to discriminate carefully in the use of them.^ No. 3. Letter of the Secretary of the Treasury. [extract.] 805. The appraisers are bound, under the law, to ascertain the actual market value or wholesale price of goods, wares, or merchandise, at the period of ex- portation, in the principal markets of the country from which exported, but in no case is the duty to be assessed on less than the invoice or entered value. To these officers therefore, the Department must look for the determination of the question of value in all cases. ' Extract from a letter of the Secretary of the Treasury, January 10, 1864. 406 VEEIFICATIOIir OF INVOICES. Actual market 806. In my Opinion, the price paid for value. goods upon a credit of 30, 60, or 90 days, or longer, is not the actual market value or wholesale price ; but the actual market value is the price for which any goods, wares, or merchandise may be pur- chased for cash. Cash discount; 807. Consequently any discount for where allowed, gash, if exhibited on the invoice and actually conceded, and which does not reduce the price below the actual cash market value or wholesale price, should be allowed in the appraisement.^ No. 4. Letter of fhe Secretary of the Treasury. [extract.] Consul's fee a 808. I have the honor to acknowledge dutiable charge, the receipt of your communication of the 27th of November, 1866, stating that you have re- ceived a printed copy of Department's letter of Sep- tember 17th last, addressed to the collector at New York " in regard to the including of charges in deter- mining the dutiable value of importations," and re- questing to be informed "if, under the expression ' all other actual charges and expenses incurred in Eng- land,' the consular fee for the verification of an invoice, namely, $2-50, is not a dutiable charge?" In reply, I respectfully transmit, heroAvith, a printed copy of a letter of this Department, addressed to the collector at New York under date of .January 27,. ' Extract from a letter of the Secretary of the Treasury, dated August 8, 1865, to the collector at New York. VERIFICATION OF INVOICES. 407 1865,' from which it will be seen the consular fee alluded to is "a charge specified by law," and should be included in the dutiable value of foreign merchan- dise.^ No. 5. Letter of the Secretary of the Treasury. [extract.] 809. Messrs. ***** have ad- ^ . , , Dutiable value. dressed a communication to this Depart- ment, asking for a construction of the 9th section of the act of July 28, 1866, in regard to the including of charges in determining the dutiable value of importa- tions, under the following circumstances : 810. They state: "We buy, for instance, a lot of Russian wool in Liverpool at the current market value at that place ; in making up the value for entry, we add to this cost all the expenses for putting the goods on board the vessel, besides brokerage, commission, and all other charges incurred in making the pur- chase and shipment. Now we would like to be in- formed whether, on the top of all costs and charges, we are required to add the expense of shipping the goods from Russia to Liverpool, which we have never paid, inasmuch as it is already included in the market price at the last port of shipment, and which would be almost impossible to estimate, as the goods might have been transported either by steamer or sailing vessel, the former being far more expensive than the latter. 811. " Furthermore, it would, in most cases, be diffi- cult to determine in what part of Russia certain lots ' See letter of the Secretary of the Treasury, December 15, 1866. 408 VEEIFICATIOIT OF INVOICES. of wool were grown, as the same kinds are produced at remote points." 812. The dutiable value of Russian wool, shipped from England to the United States, should be determined by ascertaining the market value thereof in the principal markets of England at the period of exportation, to which should be added commission at the usual rates (in no case less than 2i per centum), and all other actual charges and expenses incurred in England, including transportation, shipment, and transhipment in said country to the vessel in which shipment is made to the United States. 813. Neither the cost of transportation to the markets of England, nor any charges which have accrued on the merchandise prior to such transporta- tion, are dutiable as costs and charges, but being em- braced in the market value in England, they' become subject to duty in that form. Such I understand to be the rule prescribed in the 9th section of the tariff act, approved July 28, 1866, for the government of officers of the customs in the assessments of duty on imports.^ No. 6. Letter of the Secretary of the Treasury. [exteact.] ^ . . , ^.„ 814. Your letter of the 6th instant is Original bills of purchased received, requesting to be informed goods to be re- whether the law makes it the duty of quired. '' a " consul, when an exporter furnishes an invoice, to which he will take the oath that the ' See letter of the Secretary of the Treasury, September 17, 1866. VERIFICATION OF INVOICES. 409 prices charged in it are exactly what his correspondent in the United States is to pay him for the goods, to require the exporter to furnish him the bills of such goods on the invoice as he has purchased, before he will sign a certificate to verify it, thus compelling the exporter to expose to him the prices he pays for his goods.?" 815. You are respectfully informed that the law requires the consul, before certifying an invoice to be true, to satisfy himself that it is so; and, in my opinion, the consul, in order to satisfy himself on this point, may lawfully require the production of other evidence beside the oath of the exporter. The law places no limit in terms upon the consul's discretion in this respect, but it is expected that his requirements will be reasonable and not oppressive. 816. I am of opinion that requiring bills of purchase is a practice which does not exceed reasonable bounds.^ No. 7. Letter of the Assistant Secretary of the Treasury. [extract.] 817. I am in receipt of your letter of the 23d ultimo, transmitting certain printed slips from the * * * * papers, on the subject of your official action in connec- tion with the verification of invoices of goods exported from * * * * to the United States. 818. You remark that much interest has been excited there by the discussion of the matter, and that several of the principal merchants and manufacturers 1 Extract from a letter of the Secretary of the Treasury, dated March 28, 1867. 52 410 VERIFICATION OF INVOICES. jj^ * * * * have expressed their cordial approval of your conduct. 819. Herewith you will receive copy of a letter^ addressed by this Department, under date of 28th instant, to a firm jn * * * * from which you wiJl per- ceive that in requiring such evidence as shall "satisfy" you in regard to the matters which, in your official capacity, you are required to certify, and for the truth of which you thus become officially responsible, you have not, in the opinion of this Department, exceeded the limit of a proper construction either of the duties imposed or of the powers conferred upon you by law.^ No. 8. Letter of the Appraisers. [exteact.] ^. 820. In the rnatter of " discounts" re- Discounts. _ ' ferred to in the letter of the Department of the 18th inst., we have to say, that by existing laws and regulations (Gen. Reg., Oct. 1, 1857, Sec. 315, 316, 317, 318), discounts appearing on invoices are allowed by the appraisers in ascertaining the value for the assessment of duties, where it is clear and conclusive that the allowance for discount does not reduce the value of the merchandise below the actual value in the principal markets of the country from whence exported to the United States at the period of exportation. In no case can any discount claimed be ' See preceding letter. ' Extract from the letter of the Assistant Secretary of the Treasury, dated March 29, 1867. VERIFICATION OP INVOICES. 411 permitted, unless it appears on the invoice. If, in view of taking off a usual per centage of discount, the price was reduced so as to produce the same result, it would be allowed; provided, of course, as already expressed, the actual value was not reduced below the legal requirement. 821. In the case quoted by the consul at Frankfort- on-the-Main of a discount of 25 per cent, having been allowed by a manufacturer as a fee or brokerage to a purchasing agent, we have to state, that the same would not be allowed if it varied the principle above referred to ; i. e., by reducing the value of the mer- chandise below its " actual value in the principal market of the country at the period of exportation."^ No. 9. Letter of the Bevenue Agent. [extract.] 822. Under the system which has been . . Powers of con- instituted, consuls are not merely minis- suk with refer- ence to voices. terial agents to certify invoices on the simple declaration of' persons presenting them for verification. They are now required by the government to acquaint themselves with the market value of all articles exported to the United States ff om their respective districts, and to be satisfied that every invoice which comes officially before them truly repre- sents the market value of the merchandise therein de- scribed. The government holds consuls responsible ' See Letter of the Appraisers at New York, November 20, 1862. 412 VEEIFICATION- OF INVOICES. for the correctness of invoices certified by them, and it has clothed them with full power to ascertain the truth, and satisfy themselves that such invoices con- form in all respects to "the actual market value." For this purpose a reasonable time is allowed them for the examination of invoices : they are authorized to require the oath of parties presenting them ; they may cause witnesses to state before them under oath such facts bearing on the actual market value of the goods as they may wish to know ; in order to be satis- fied of the truth of invoices, they are specially instructed to require samples of each article enumerated in any invoice. If samples cannot be furnished without serious burden to the shipper, the consul must resort to "other methods" of testing the correctness of invoices. One of these is to compare each invoice of purchased goods with the original bills furnished to the exporter by the manufacturer or merchant from whom the wares or merchandise have been obtained or purchased. This mode of testing the truth of invoices, which was at first adopted at the suggestion of many shippers from the continent, has been formally approved by the gov- ernment. The Treasury Department considers it very desirable that samples should always be furnished; but if, because of their expense, importers are relieved from this requirement, the original bills should be re- quired, or some other method of satisfying the consul of the truth of the invoice, equally efficacious, adopted.^ ' Extract from the letter of the United States revenue agent in Europe, dated April 9, 1867. VERIFICATION OF IITVOICES. 413 No. 10. Circular of the United States Commercial Agent at Bradford. [extract.] 823. You are also informed that it is especially desirable, where merchandise chased goods to has been purchased for importation into ^^ verified by the seller. the United States, that the invoice may be verified by the seller, and that hereafter, whenever the purchaser or his agent shall ofifer to make the declaration at this office, he will, quired to pre- in all cases, be required to present the ^^"* original ..,.'. ^. . . ■, , tills, original invoice or invoices received by him from the seller. 824. I have further to inform you that piace of sUp- the government of the United States re- ™^"*- quires that an invoice of all merchandise intended for entry at any of its ports, shall be presented for verifi- cation to the consular officer at the place of shipment, which is identical with the place where it has been manu- factured or purchased, and at which its journey to the United States actuially commences, and not at the place where it is put on board ship. 825. It is understood that some mer- r'„„ i-j * j (Jonsolidated chants have been in the habit of consoli- invoices for- dating into one invoice two or more ship- ^ ^°' ments, and presenting through an agent these " con- solidated invoices" as one shipment ; and that others have been in the habit of concentrating into one in- voice two or more invoices of goods purchased at dif- ferent places, where there are United States consular 414 VERIFICATION OF INVOICES. officers residing, and producing them for verification to a consul in a different place from that in which the goods were manufactured and purchased. Both these practices are illegal.* No. 11.. Circular of the Consul at Zurich. [exteact.J „ , 826. On and after July 5, 1866, each Samples. _ _ . invoice of silk stuffs produced for veri- fication at this consulate must be accompanied by samples of the goods invoiced, and by a certificate of the shippers that the samples have actually been cut from the goods. Invoice to be ^^^- ^^ invoico will be verified unless clear and legi- it is perfectly legible, describes the goods clearly and in detail, and is made out in such a manner that it may be understood by a person having no technical knowledge of the goods invoiced. This regulation applies with equal or even greater force to invoices of goods samples of which are not required. ,, , , 828. " The market value of an article is Market value. •' the price at which the owner holds it for sale, the price he receives for it in the ordinary course of busi- ness.'' It follows, therefore, that the price at which goods should be invoiced (that is, the " market value") is often greater than the cost of producing them. No matter what the cost of manufacturing them may be, ' Extract &om a circular of the commercial agent of the United States at Bradford, dated June 15, 1866; approved by the Department of State, July 27, 1866. VERIFICATION OF INVOICES. 415 they should be invoiced at the precise price for which the owner would sell them here at the time of shipment. Manufacturers who consign goods for their own account are respectfully cautioned in this particular.^ Note. The As^tant Secretary of State to the United States Consul at . May 13, 1867. Your despatches, referring to questiouB that have arisen in regard to the certifying of invoices, have been received and considered. It is a misapprehension to suppose that a consul of the United States is obliged to attach his cer- tificate to any invoice presented for his verification, provided the same is accompanied mth the oath of the shipper that the invoice is correct and true; and that the consul has no right to insist that other evidence shall be presented to him than such oath. The law of this country and the instructions of the Department do not allow the consul to relieve himself of responsibility as to the truth and correctness of invoices certified liy him, by the very easy duty of certifying to every invoice presented to him with the required oath attached. If such was the end of the duty and responsibility of our consuls, their duty would be an easy one, and the ne- cessity of their existence in interior towns, where certifying invoices is their principal duty, very questionable. This Government imposes upon them far greater burdens and duties, as it holds them responsible for the fairness of the invoices certified by them, as an aid to the proper imposition of duties at tho custom houses in this country. The act of March 3, 1865, authorizes consuls to require, before certifying invoices under the act of March 3, 1863, "satisfactory evidence, either by the oath of the person or pei-sons presenting Buch invoices or otherwise, that such invoices are correct and true: Provided, that in the exercise of the discretion hereby given, the said consular oflBcers shall be governed by such general or spe- cial regulations or instructions as may from time to time be estabhshed or given by the Secretary of State." Under this act Circular No, 59 was issued by the Department. This circular expressly notifies consuls that they will be held responsible for the correctness of invoices certified by them, and gives them ample powers to compel such evidence to be produced as shall satisfy them that the *' invoices are correct and true." Among these are the production of samples and the examination of pei-sons other than the shippers. The compelling the production of the original bills of sale to the shippers is uot in terms expressly given as one of the means to he employed. But it does not follow that such demand is improper and objectionable, nor is it perceived why it should be so regarded by au honest shipper. A merchant might object to the production of the bills to his neighboring competitor in trade, but no such objection is seen to thus producing them to the consul, who is in no way engaged in trade. The consul is required to be satisfied of the truth and correctness of the invoices certified by him, and he has a right to demand such reasonable evidence of the fact as will produce convic- tion to his mind. This power should never be exercised in an arbitrary manner, nor would he be justified in demanding any proofs that are clearly unreasonable. In view of the facts presented in the particular case to which you refer, the Department is of opinion that your course in i-equiring the production of the original bills was wise and proper, and your action, as set forth in your despatches, is approved. But the Department will leave it to your sound discretion whether you will in future insist on the production of the original bill of sale, or content yourself with such other evidence as is mentioned in the act of March 3, 1865, and Circular No. 59 of this Department. .1 Extract from the circular of the consul of the United States at ZUrich, dated June 24, 1860. CHAPTEE XXXVII. ACTS OP CONGRESS, AND EXTRACTS THBEEFEOM, EELATHSTG TO UNITED STATES CONSULAR ' OFFICERS. 829. Foe convenience of reference by United States consular officers, the more important laws, or extracts therefrom, relating to the duties of United States con- suls, here follow : — Extracts from "An Act concerning consuls and vice consuls." Approved April 14, 1792.' Sec. 2. Be it enacted, etc., That they cers authorized [cousular officors of the United States] to receive pro- shall havc right, in the ports or places to ' ' which they are or may be severally ap- pointed, of receiving the protests or declarations which such captains, masters, crews, passengers, and mer- chants, as are citizens of the United States, may respectively choose to make there ; and also such as any foreigner may choose to make before them, rela- tive to the personal interest of any citizens of the Certificates to ^'^^^^'^ States ; and the copies of the said be received in acts, duly authenticated by the said con- courtsofiaw. g^^jg ^^ ^j^,g cousuls. Under the seal of 1 Statutes at Large, vol. i. p. 255. The first section of this act was repealed by the act approved July 7, 1798, Statutes, vol. i. p. 578. 416 RELATING TO U. S. CONSULAR OFFICERS. 417 their consulates, respectively, shall receive faith in law equally as their originals would in all courts in the United States. It shall be their duty, charge of per- where the laws of the country permit, to ^°^^^ estates. take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any ship or vessel, who shall die within their con- sulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects ; they shall inventory the same inventory to be with the assistance of two merchants of *»^6n. the United States, or, for want of them, of any others at their choice ; shall collect the debts due collection of to the deceased in the country where he debts, died, and pay the debts due from his estate which he shall have there contracted ; shall sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such Perishable ar- further part, if any, as shall be necessary tides to be sold. for the payment of his debts, and at the expiration of one year from his decease, the residue ; „ , , ■' I'roceeds to be and the balance of the estate they shall transmitted to transmit to the Treasury of the United *« Treasury. States, to be holden in trust for the legal claimants. But if, at any time before such transmis- Representative sion, the legal representative of the de- ofthedeeea.sed. ceased shall appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings. For the information of the represen- j)g^tj,g ^f ^j^;. tatives^ of the deceased, it shall be the zens to be pub- duty of the consul or vice consul, autho- '^ ^ " 53 418 ACTS OF CONGRESS, AND EXTRACTS THEEEFROM, rized to proceed as aforesaid in the settlement of his estate, immediately to notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased shall belong; and he shall also, as soon as may be, transmit to inventory to be ' . sent to Secre- the Secretary of State an inventory of the tary of State. ^^^^^ ^^ ^^le deceased taken as before directed. Duty as to ^^^- ^- ■^''^ ^^ *^ further enacted, That stranded ves- the Said cousuls and vice consuls, in cases where ships or vessels of the United States shall be stranded on the coasts of their consulates, respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the pur- pose of saving the said ships or vessels, their cargoes and appurtenances, as for storing and securing the eifects and merchandise saved, and for taking an in- ventory or inventories thereof; and the merchandise and effects saved, with the inventory or inventories thereof, taken as aforesaid, shall, after deducting there- from the expense, be delivered to the oAvner or owners : Provided, That no consul or vice consul shall have authority to take possession of any such goods, wares, merchandise, or other property, when the master, owner, or consignee thereof is present or capable of taking possession of the same.-^ $ 4: 4: ^ :!: Hi ^ Bond to be Sec. 6. And be it further enacted, That given. every consul and vice consul shall, before 1 Section fourth of this act was repealed by the thirty-third section of the act of August 18, 1856. RELATING TO U. S. CONSULAR OFFICERS. 419 they enter on the execution of their trusts, or, if already in the execution of the same, within one year from the passing of this act, or, if resident in Asia, within two years, give bond, with such sureties as shall be approved by the Secretary of State, in a sum of not less than two thousand nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office according to law, and also for truly accounting for all moneys, goods, and effects, which may come into his possession by virtue of this act ; and the said bond shall be lodged in the office of the Secretary of the Treasury .'^ Sec. 9. And be it further enacted, That „ , , , "^ _ Powers defined. the specification of certain powers and duties, in this act, to be exercised or performed by the consuls and vice consuls of the United States, shall not be construed to the exclusion of others resulting from the nature of their appointments, or any treaty or convention under which they may act. Extracts from "An Act supplementary to the 'Act concerning con- suls and vice consuls,' and for the further protection of American seamen." Approved February 28, 1803." Sec. 1. Be it enacted ly the Senate and crew lists to be House of Representatives of the United delivered by ' The seventh and eighth sections of this act were repealed by the fifth section of the act of February 28, 1803. The sixth section is modified by the second, fifth, thirteenth, and thirty-third sections of the act of August 18, 1856. The salary of the consuls in the Barbary States is increased, and the provisions respecting the bonds required to be given by consular oflBcers are modified ; mce consuls must stiD, as heretofore, give bonds, ^ Statutes at Large, vol. ii. p. 203. 420 ACTS OF CONGRESS, AND EXTRACTS THEREFROM, shipmasters to States of America, in Congress assembled, CO ectors. That before a clearance be granted to any vessel bound on a foreign voyage, the master thereof shall deliver to the collector of the customs a list con- taining the names, places of birth, and residence, and a description of the persons who compose his ship's company, to which list the oath or affirmation of the captain shall be annexed that the said artified copies jj^^ contains the names of his crew, of crew lists to _ ' be delivered by together with the placos of their birth CO e^tora to ^^^ residence, as far as he can ascertain shipmasters. ' them ; and the said collector shall deliver him a certified copy thereof, for which the collector shall be entitled to receive the sum of Fee. twenty-five cents ; and the said master Masters to en- gj^^ll morcover enter into bond, with ter into bonds; for what condi- Sufficient socurity, in the sum of four tioned. hundred dollars, that he shall exhibit the aforesaid certified copy of the list to the first boarding officer at the first port in the United States at which Seamen to be he shall arrive on his return thereto, and returned. ihew and there also produce the persons named therein to the said boarding officer, whose duty it shall be to examine the men with such list, and to report the same to the collector ; and it shall be the duty of the collector at the said port of arrival (where the same is diflferent from the port from which the vessel originally sailed) to transmit a copy of the list, so reported to him, to the collector of the port from „ . . . which said vessel originally sailed : Pro- Frovisions m o ./ favor of ship- vided, That the said bond shall not be masters. forfeited on account of the said master RELATING XO TJ. S. CONSULAR OFFICERS. 421 not producing to the first boarding officer, as aforesaid, any of the persons contained in the said list who may be discharged in a foreign country with the consent of the consul, vice consul, commercial agent, or vice com- mercial agent there residing, signified in writing under his hand and official seal, sons discharged to be produced to the collector with the i° foreign ports, or pei-sons dy- other persons composing the crew as ing, to be ex- aforesaid; nor on account of any such J^i^ited to coi- •' lectors. person dying or absconding, or being forcibly impressed into other service, of which satis- factory proof shall be then also exhibited to the collector. Sec. 2. And be it enacted, That it shall Deposit of ship's be the duty of every master or com- papers. mander of a ship or vessel belonging to citizens of the United States, who shall sail from any port of the United States after the first day of May next, on his arrival at a foreign port, to deposit his register, sea letter, and Mediterranean passport, with the consul, vice consul, commercial agent, or vice commercial agent (if any there be at such port) ; that Penalty for re- in case of refusal or neglect of the said ^^^'■ master or commander to deposit said papers as afore- said, he shall forfeit and pay five hundred dollars, to be recovered by the said consul, vice consul, commer- cial agent, or vice commercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdiction ; and it shall be the duty of such consul, vice consul, commercial agent, or vice commercial agent, on such master or commander pro- ducing to him a clearance from the proper officer of 422 ACTS OF CONGBESS, AND EXTRACTS THEEEFKOM, When papers ^^^ port where his ship or vessel inay be, are to be re^ to deliver to the said master or com- tume . mander all of his said papers : Provided, Such master or commander shall have, complied with the provisions contained in this act, and those of the act to which this is supplement.^ Acts to be done ^^^- ^- ^**^ ^^ *^ further enacted, That upon the dis- whenever a ship or vessel belonging to a t^Sican^ set ^^i^i^on of the United States shall be sold man in a for- in a foreign country, and her company eign port. discharged, or when a seaman or mariner, a citizen of the United States, shall, with his own con- sent, be discharged in a foreign country, it shall be the duty of the master or commander to produce to the Crew list to be consul, vico consul. Commercial agent, or produced. yice Commercial agent, the list of his ship's company, certified as aforesaid ; and to pay to such consul, commercial agent, or vice commercial agent, for every seaman or mariner so discharged, being designated on such list as a citizen of the United States, three months' pay, over and above a'^ ™to be ^^ wages which may then be due to such paid, and dis- mariner or seamen, two-thirds thereof to position t ere- ^^ ^^-^ -^^ ^Mch ■ cousul or Commercial agent to each seaman or mariner so dis- charged, upon his engagement on board of any vessel to return to the United States, and the other remain- ing third to be retained for the purpose of creating a fund for the payment of the passages of seamen ou mariners, citizens of the United States, who may be • See last clause of section twenty-eight of the act of August 18, 1856, which modifies this proviso. RELATING TO TJ. S. COlSrSULAE OFFICEES. 423 desirous of returning to the United States, and for the maintenance of American seamen who may be desti- tute, and may be in such foreign port ; and the several sums retained for such fund shall be „ , -. , Beamen s lund accounted for with the Treasury every six to be accounted months by the persons receiving the ^°^' same. Sec. 4. And be it further enacted, That Destitute it shall be the duty of the consuls, vice men to be pro- consuls, commercial agents, vice commer- ^\^ ^" ^"i ' ~ ' Bistence and cial agents of the United States, from time passage to the to time, to provide for the mariners and United states. seamen of the United States who may be found des- titute within their districts, respectively, sufficient subsistence and passages to some port in the United States, in the most reasonable manner, at the expense of the United States, subject to such instru9tions as the Secretary of State shall give ; and that all masters and commanders of vessels be- mg^Jj^ ^^l be- longing to citizens of the United States, quired to take , 1 1 j^ i J? ii on hoard desti- and bound to some port or the same, are ^^^^ seamen hereby required and enjoined to take and the numbei- 1 . Tin- thereof. such manners or seamen on board their ships or vessels, at the request of the said consuls, vice consuls, commercial agents, or vice commercial agents,, respectively, and to transport them to the port in the United States to which such ships or vessels may be bound, on such terms, not exceeding ten jgrms of pas- dollars for each person, as may be agreed sage. between the said master and consul or commercial agent. And the said mariners or seamen seamen to do shall, if able, be bound to do duty on ^^^y- 424 ACTS OF CONGKESS, AND EXTRACTS THEEEFKOM, board sucli ships or vessels according to their several abilities : Provided, that no master or cap- tain of any ship or vessel shall be obliged to take a greater number than two men to every one hundred tons burden of the said ship or vessel, on' any one voyage ; and if any such captain or fiisai "to take Hiaster shall refuse the saiiie on the re- destitute sea- quost Or Order of the consul, vice consul, commercial agent, or vice commercial agent, such captain or master shall forfeit and pay the sum of one hundred dollars for each mariner or sea- man so refused, to be recovered for the benefit of the United States in any court of competent jurisdiction. And the certificate of any such consular Consular cer- _ ■'^ tificate in evi- or Commercial agent, given under his dence. hand and ofl&cial seal, shall he prima facie evidence of such refusal in any court of laAv having jurisdiction for the recovery of the penalty aforesaid. Consuls to be Sec. 5. And U it further enacted, * * * ; reimbursed for that the Secretary of State be authorized expenditures. ^ • i xt i ■ ^ to reimburse the consuls, vice consuls, commercial agents, or vice commercial agents, such reasonable sums as they may heretofore have advanced for the relief of seamen, though the same should exceed the rate of twelve cents a man per diem.^ ******* Penalty for ^^^- '^ • ^'"^ ^^ *^ further enacted, That giving false cer- if any cousul, vice cousul, Commercial tificate. . . .1 1 1 ■ 1-1 agent, or vice commercial agent shall falsely and knowingly certify that property belonging 1 The sixth section, and also the last eleven words of this act, are repealed by the twentieth and thirty-third sections of the act of August 18, 1856. KELATING TO V. S. CONSULAR OFFICERS. 425 to foreigners is property belonging to citizens of the United States, he shall, on conviction thereof in any court of competent jurisdiction, forfeit and pay a fine not exceeding ten thousand dollars, at the discretion of the court, and be imprisoned for any term not ex- ceeding three years. Sec. 8. And be it further enacted, That Penalty for if any consul, vice consul, commercial granting a false agent, or vice commercial agent shall p^^p""^- grant a passport or other paper certifying that any alien, knowing him or her to be such, is a citizen of the United States, he shall, on conviction thereof in any court of competent jurisdiction, forfeit and pay a fine not exceeding one thousand dollars. Sec. 9. And be it further enacted, That „ •^ Powers of at- all powers of attorney executed after the tomey for the thirtieth day of June next, in a foreign transfer of country, for the transfer of any stock of the United States, or for the receipt of interest thereon, shall be verified by the certificate and seal of a consul, vice consul, commercial agent, or vice commercial agent, if any there be at the place where the same shall be executed ; * * * * An Act in addition to the act entitled "An act supplementary to the act concerning consuls and vice consuls," and for the further pro- tection of American seamen. Approved February 28, 1811. JBe it enacted hy the Senate and House of Equitable ai- Bepresentatives of the United States of lowance for .../-, 7 7 7 mi j_ • n transportation America, tn Congress assembled, 1 hat in all of seamen to be cases where distressed mariners and sea- made by Comp- men of the United States have been trans- 64 troUer. 426. ACTS OP CONGEESS,, AND EXTRACTS THEKEFEOM, ported from foreign ports where there was no consul, vice consul, commercial agent, or vice commercial agent of the United States, to ports of the United States, and in all cases where they shall hereafter be so transported, there shall be allowed to the master or owner of each vessel in which they may or shall have been trans- ported such reasonable compensation, in -addition to the allowance now fixed by law, as shall be deemed equitable by the Comptroller of the Treasury.^ An Act authorizing the deposit of the papers of foreign vessels with the consul of their respective nations. Approved March 3, 1817." Be it enacted hy the Senate and House of apere o or- Ji^presentatives of the United States of eign ships to be -t ./ •/ delivered to col- America, in Congress assembled, That the eiar"^ ^ "'^^ register, or other document in lieu thereof, together with the clearance and other papers, granted by the officers of the customs to any foreign ship or vessel at her departure from the portp or place from which she may have arrived, shall, pre- vious to entry in any port of the United States, be pro- duced to the collector with whom such entry is to be made. And it shall be the duty of the master or corn- Deposit of mander, within forty-eight hours after such ship's papers. entry, to deposit the said papers with the consul or vice consul of the nation to which the vessel belongs, and to deliver to the collector the certificate of such consul or vice consul that the said papers have been so deposited; and any master or commander, as aforesaid, who shall fail to comply with this regula- ' Statutes at Large, vol. ii. p. 651. ' Statutes at Large,, vol. iii. p. 362. EELATING TO IJ. S. CONSULAR OFFICEES. 427 tion, shall, upon conviction thereof in any penalty for re- court of competent jurisdiction, be fined ^^^• in a sum not less than five hundred dollars, nor ex- ceeding two thousand dollars: Provided, „ . . Proviso. That this act shall not extend to the vessels of foreign nations in whose ports American consuls are not permitted to have the custody and possession of the register and other papers of vessels entering the ports of such nation, according to the provisions of the second section of the act supple- mentary to the act " concerning consuls and vice con- suls, and for the further protection of American sea- men," passed the twenty-eighth of February, one thou- sand eight hundred and three. Sec. 2. And he it further enacted. That „ •' _ Papers not to it shall not be lawful for any foreign con- be returned b&- sul to deliver to the master or commander ^"""^ clearance. of any foreign' vessel the register and other papers de- posited with him pursuant to the provisions of this act, until such master or commander shall produce to him a clearance in due form from the collector of the port where such vessel has been entered; and Penalty in- any consul offending against the pro- cm-red. visions of this act shall, upon conviction thereof before the Supreme Court of the United States, be fined at the discretion of the court in a sum not less than five' hundred dollars nor exceeding five thousand dollars. 428 ACTS OF CONGRESS, AND EXTRACTS THEREFROM, Extracts from "An act supplementary to and to amend an act en- titled 'An act to regulate the duties on imports and tonnage,' passed second March, one thousand seven hundred and ninety- nine, and for other purposes."^ Approved March 1, 1823. H: ^ H: ^ H: 4: H: Invoices to be ^^^- 7- ^^ *^ enocted, etc., That no goods, verified before wares, or merchandise, subject to ad va- entry. lorem duty, imported as aforesaid, and belonging to a person or persons not residing at the time in the United States,, and who shall have actually- purchased the same, shall be admitted to entry, unless Invoices to be the invoice be verified by the oath of the verified. owuer or one of the owners, certifying that the said goods, wares, or merchandise were actually purchased for his account, or for account of himself and partners in the said purchase ; that the Nature of the iuvoice annexed thereto contains a true verification. ^j^j faithful accouut of the actual cost thereof, and of all charges thereon, and that no dis- counts, bounties, or drawbacks are contained in the said invoice but such as have been actually allowed on ^ J the same: which said oath shall be ad- Oath to be ad- ministered by ministered by a consul or commercial consular officers ^ ^^^ ^f ^^^ IJnited States, or by some or magistrate. ° _ ' «i public officer duly authorized to admin- ister oaths in the country where the said goods, wares, or merchandise shall have been purchased, and the same duly certified by the said consul, commercial Consular au- agent, or public officer; in which latter thentication. g^ge^ ^^q\^ official Certificate shall be ' Statutes at Large, vol. iii. p. 729. EELATING TO U. S. CONSULAE OFFICERS. 429 authenticated by a consul or commercial agent of the United States : Provided, That if there be „ . _ irroviso, when no consul or commercial agent of the there is no con- Tnited States in the country from which ^^^' °®'=®''- the said goods, wares, or merchandise shall have been imported, the authentication hereby required shall be executed by a consul of a nation at the time in amity Avith the United States, if there be any such residing there ; and if there be no such consul in the country, the sa,id authentication shall be made by two respect- able merchants, if any such there be, residing in the port from which the said goods, wares, or merchandise shall have been imported. Sec. 8. And he it further enacted, That no goods, wares, or merchandise, subject f°°^l ^™^'^^ to ad valorem duty, imported as afore- duty to be veri- said, and belonging to a person or persons o^er's'^oath*^ not residing at the time in the United States, who may not have acquired the same in the ordinary mode of bargain and sale, or belonging to a person or persons who may be the manufacturer or manufacturers, in whole or in part, of the same, shall be admitted to entry, unless the invoice thereof be verified by the oath of the owner or of one of the owners, certifying that the invoice contains a true and faithful account of the said goods, wares, or merchan- dise, at their fair market value at the time and place when and where the same were procured or manu- factured, as the case may be, and of all charges thereon ; and that the said invoice contains no discounts, bounties, or drawbacks but such as have been actually allowed; which said oath shall have been duly ad- 430 ACTS OF CONGBESS, AND EXTRACTS THEEEFKOM, I ministered and authenticated in the mode prescribed in the seventh section of this act.^ An Act to prescribe the punishments of consuls, commercial agents, and others, in certain cases. Approved March 3, 1835. Be it enacted, etc., That if any consul, Fine and im- . , . , , prisonment for vicc consul, Commercial agent, or vice giving false commercial agent, shall knowingly and falsely certify to any invoice, or other papers to which his certificate is by law authorized or required, he shaill, on conviction thereof in any court of competent jurisdiction, forfeit and pay a fine not ^exceeding ten thousand dollars, at the discretion of the court, and be imprisoned for a term not exceeding three years, at the like discretion;^ An Act in addition to the several acts regulating the shipment and discharge of seamen, and the duties of consuls.' Approved July, 1840. Be it enacted hy the Senate and House of Representa- tives of the United States of America, in Congress assem- bled, As follows : — „ ,. First. The duplicate list of the crew of Duplicate crew ^ list to be a fair any vessel bound on a foreign voyage, '"P''' made out pursuant to the act of February • The seventh and eighth sections of this act have been modified or superseded by the seventeenth section of the act of July 14, 1862 (subsequently repealed), the first section of the act of March 3, 1863, and the act of March 2, 1867 ; see Statutes at Large, vol.xii.pp. 558 and 737 ; and Session Statutes, 2d Session, Thirty-ninth Congress, p. 560. = Ibid. vol. iv. p. 773. s Ibid. p. 394. EELATING TO V. S. CONSULAR OFFICERS. 431 twenty-eighth, eighteen hundred and three, shall be a fair copy in one uniform handwriting, without erasure or interlineation. Second. It shall be the duty of the owners of every such vessel to obtain ghTppiir^^'arti- from the collector of the customs of the cies to be ob- district from which the clearance is made, *^^°^ ^ °^"' a true and certified copy of the shipping- articles, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations. Third. These documents, which shall be deemed to contain all the conditions of Crew list and shipping arti- contract with the crew as to their service, cies to be laid before consular officers. pay, voyage, and all other things, shall be produced by the master, and laid before any consul or other commercial agent of the United States whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance. Fourth. All interlineations, erasures, interlineations, or writing in a hand different from that erasures, etc. in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provisions of law which guard the rights of mar- iners.^ $ ^ Hi :!: H: 1 The fifth, sixth, and seventh sections of this act are repealed by the thirty- third section of the act of August eighteen, eighteen hundred and fifty -six. 432 ACTS OF CONGKESS, AND EXTBACTS THEKEFKOM, Eighth. Whenever any master shall Entry to be . . . . n ■ j. i i ti made of ship- ^hip a manner m a loreign port, he shall ment of mari- forthwith take the list of his crew and ^^^' the duplicate of the shipping articles to the consul, or person who discharges the duties of the office at that port, who shall make the proper entries thereon, setting forth the contract, and describing the person of the mariner ; and thereupon the bond origi- nally given for the return of the men shall embrace each person so shipped. H„„™»„'= „„^ Ninth. When any mariner shall com- beamens com- •/ plaints to be plain that the voyage is continued con- trary to his agreement, or that he has ful-/ filled his contract, the consul, or other commercial agent performing like duties, may examine into the same by an inspection of the articles of agreement ; and if on the face of them he finds the what condition complaiut to be Well fouuded, he shall dis- a mariner may charge the mariner, if he desires it, and be discharged. -on , i ^ -i require oi the master an advance, beyond the lawful claims of such mariner, of three months' wages, as provided in the act of February twenty- eighth, eighteen hundred and three ; and in case the lawful claims of such mariner are not paid upon his discharge, the arrears shall from that time bear an interest of twenty per centum : Provided, however, „ . If the consul or other commercial agent FrovL'o. ° shall be satisfied the contract has expired or the voyage been protracted by circumstances be- yond the control of the master, and without any de- sign on his part to violate the articles of shipment, then he may, if he deems it just, discharge the mar- RELATING TO U. S. CONSULAR OFFICERS. 433 iner without exacting the three months' additional pay- Tenth. All shipments of seamen made shipment of contrary to the provisions of this and seamen; when other acts of Congress shall be void ; and any seaman so shipped may leave the service at any time, and demand the highest rate of wages paid to any seaman shipped for the voyage, or the sum agreed to be given him at his shipment. Eleventh. It shall be the duty of con- Deserters to be suls and commercial agents to reclaim reclaimed, deserters and discountenance insubordination by eve"ry means within their power ; and where the local au- thorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most eifectual manner. Twelfth. If the first officer, or any of- Surveys; when ficer, and a majority of the crew, of any *» be ordered. vessel shall make complaint in writing that she is in an unsuitable condition to go to sea, because she is leaky, or insufficiently supplied with sails, rig- ging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provi- sions, store, and supplies are not, or have not been during the voyage, sufficient and wholesome, there- upon, in any of these or like cases, the consul or commercial agent who may discharge any duties of a consul shall appoint two disinterested competent, prac- tical men, acquainted with maritime afiPairs, to examine into the causes of complaint, who shall in their report state what defects and deficiencies, if any, they find to be well founded, as well as what, in their judgment, 5S 434 ACTS OF CONGRESS, AND EXTRACTS THEEEFEOM, ought to be done to put tha vessel in order for the continuance of her voyage.^ Powerand duty Thirteenth. The inspectors so appointed of inspectors. shall havo fuU power to examine the ves- sel and whatever is aboard of her, so far as is perti- nent to their inquiry, and also to hear and receive any other proofs which the ends of justice may require ; Duty of con- and if, upon a view of the whole proceed- Buiar officer. j^jgg^ ^^q cousul or other Commercial agent shall be satisfied therewith, he may approve the whole or any part of the report, and shall certify such ap- proval, and if he dissents, shall also certify his rea- sons for so dissenting. Report of in- Fourteenth. The inspectors in their re- spectors. -pQ^t shall also state whether, in their opin- ion, the vessel was sent to sea unsuitably provided in any important or essential particular, by neglect or Duty of con- dosigu, or through mistake or accident; Buiar officer. a,nd in case it was by neglect or design, and the consul or other commercial agent approves of such finding, he shall discharge such of the crew as require it, each of whom shall be entitled to three months' pay, in addition to his wages to the time of discharge; but if in the opinion of the inspectors the defects or deficiencies found to exist have been the result of mistake or accident, and could not in the exercise of ordinary care have been known and provided against before the sailing of the vessel, and the master shall in a reasonable time remove or remedy the causes of complaint, then the crew shall remain and discharge ^ This section is modified by the sixth section of the act of July 29, 1850, Statutes at Large, vol. ix, 441. EELATING TO U. S. CONSULAR OFFICERS. 435 their duty ; otherwise, they shall, iipon their request, be discharged, and receive each one month's wages in addition to the pay up to the time of discharge. Fifteenth. The master shall pay all such charges for reasonable charges in the premises as shall survey. be officially certified to him under the hand of the con- sul or other commercial agent; but, in case the in- spectors report that the complaint is without any good and sufficient cause, the master may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reason- able damages for detention on that account as the con- sul or other commercial agent directing the inquiry may officially certify. Sixteenth. The crew of any vessel shall „ „ «' Crews 01 vessels have the fullest liberty to lay their com- tohayethefuii- plaints before the consul or commercial f' liberty to ■*■ lay their com- agent in any foreign port, and shall in no plaints before respect be restrained or hindered therein ^ "^""^ " by the master or any officer, unless some sufficient and valid objection exist against their landing ; in which ease, if any mariner desire to see the consul or com- mercial agent, it shall be the duty of the master to acquaint him with it forthwith, stating the reason why the mariner is not permitted to land, and that he is desired to come on board ; whereupon it shall be the duty of such consul or commercial agent to repair on board and inquire into the causes of complaint, and to proceed thereon as this act directs. Seventeenth. In all cases where desert- Apprehension ers are apprehended, the consul or com- °^ deserters. mercial agent shall inquire into the facts ; and if satis- 436 ACTS OF CONGKESS, AND EXTRACTS THEKEFEOM, fied that the desertion was caused by unusual or cruel treatment, the mariner shall be discharged, and re- ceive, in addition to his wages to the time of his dis- charge, three months' pay ; and the officer discharging him shall enter upon the crew list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and sub- scribe his name thereto officially. Eighteenth. If any consul or commer- curred by con- cial agent shall neglect or omit to perform, suis for neglect seasonably, the duties hereby imposed of duty. . t/ i upon him, or shall be guilty of any mal- versation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all malversation and corrupt conduct in office he shall be liable to indictment, and, on conviction by any court of competent jurisdiction, shall be fined not less than one nor more than ten thousand dollars, and be imprisoned not less than one nor more than five years. ,, . Nineteenth. If any master of a vessel Fenaltyin- •' curred by mas- shall proceed ou a foreign voyage without ters for viola- ^^^ documeuts herein required, or refuse tion of tnia act. t- ' to produce them when required, or to per- form the duties imposed by this act, or shall violate the provisions thereof, he shall be liable to each and every individual injured thereby in damages, and shall, in addition thereto, be liable to pay a fine of one hun- dred dollars for each and every offence, to be recovered by any person suing therefor in any court of the United States in the district where such delinquent may reside or be found. RELATING TO TJ. S. CONSULAR OFFICEES. 437 Twentieth. It shall be the duty of the ,,., , . , , •' Violation of the boarding officer to report all violations of act to be re- this act to the collector of the port where p^""'^"^- any vessel may arrive, and the collector shall report the same to the Secretary of the Treasury and to the attorney of the United States in his district. An Act requiring foreign regulations of commerce to be laid annually before Congress.^ Approved August 16, 1842. Be it enacted hy the Senate and House of Bepresentatives of the United States of tionrto be^L^d America, in Congress assembled, That it before Con- shall be the duty of the Secretary of State ^^^^^' to lay before Congress, annually, at the commence- ment of its session, in a compendious form, all such changes and modifications in the commercial systems of other nations, whether by treaties, duties on im- ports and exports, or other regulations, as shall have come to the knowledge of the Department. An Act to provide for the transportation of the mail between the United States and foreign countries, and for other purposes.'' Ap- proved March 3, 1845. Sec. 6. And be it further enacted. That the Postmaster Greneral, or the Secretary to be^pail by of State, be, and he is hereby, authorized insular offi- to empower the consuls of the United 1 Statutes at Large, vol. v. p. 507. ^ Ibid. pp. 749, 750. 438 ACTS OF CONGKESS, AND EXTRACTS THEEEFEOM, States to pay the foreign postage of such, letters, des- tined for the United States, as may be detained at the ports of foreign countries for the non-payment of post- age ; which postage shall be by the consul marked as paid by him, and the amount thereof shall be collected „ , . , in the United States, as other postage, on CoUection and ' r & ) repayment of the delivery of the letters, and repaid to postage. gg^jjj consul, or credited on his account at the State Department. ^ ^ H: H: ^ '^ 4: An Act to amend the act entitled " An act to provide for the enlist- ment of boys for the naval service and to extend the term of en- listment of seamen." ' Approved February 20, 1845. Sec. 2. And be it further enacted, That the com^ manding officer of any vessel, squadron, or fleet of the navy of the United States, when upon the high seas, or in any foreign port where there is no resident con- sul of the United States, shall be and is hereby autho' rized and empowered to exercise all the powers of a consul in relation to mariners of the United States. "An Act to provide for recording the conveyances of vessels and for other purposes." ' Approved July 29, 1850. Sec. 6. And be it further enacted, That the twelfth clause or section of the act entitled "An act in addition to the several acts regulating the shipment and dis- charge of seamen, and the duties of consuls," approved July twentieth, eighteen hundred and forty, be so ' Statutes at Large, vol. v. p. 725. ^ Ibid. vol. ix., p. 441. RELATING TO U. S. CONSULAR OFFICERS. 439 amended, as that all complaints in writing to tlie consuls or commercial agents as therein provided, that a A'^essel is unseaworthy, shall be signed by the first, or the second and third officers, and a majority of the crew, before the consul or commercial agent shall be authorized to notice such complaint, or pro- ceed to appoint inspectors as therein provided. An Act to amend an act entitled " An act requiring foreign regula- tions of commerce to be laid annually before Congress," approved August sixteenth, eighteen hundred and forty-two, and for other purposes. Approved August 18, 1856. £e it enacted hy the Senate and House of ^ " '' Commercial in- Eepresentatives of the United States of formation com- America, in Congress assembled, That in ™""^'^ ^y '' _ consuls, etc., to addition to the changes and modifications be reported to in the commercial system of other na- Co"g'<=ss. tions, now required by said act, it shall be the duty of the Secretary of State to lay before Congress annually, within sixty days after the commencement of each ordinary session, as a part of said report, all other commercial information communicated to the State Department by consular and diplomatic agents of this government abroad, or contained in the official publi- cations of other governments, which he shall deem sufficiently important. Sec. 2. And he it further enacted. That ^ ■' iJuty or consu- to enable the Secretary of State to make lai- officers to said report, it is hereby declared to be the P™<="i"e _ ^uch ■*■ _ information. duty of consuls and commercial agents of the United States in foreign countries to procure and 440 ACTS OF CONGEESS, AND EXTEACTS THEKEFEOM, transmit to the Department of State authentic commer- cial information respecting said countries, of such character, and in such manner and form, and at such times, as said Department may, from time to time, pre- Names of con- scribe ; and it shall be the duty of the suiar officers Secretary of State, in said annual report, been T^T ^0 Specify the names of any of said offi- be reported. ccrs who may have been remiss in their duty enjoined by this act. Superintendent Sec. 3. And he it further enacted, That of statistics. ^]^g Secretary of State be and he is hereby authorized and required to appoint one clerk, who shall have charge of statistics in said Department, and shall be called "Superintendent of Statistics," and shall receive a salary of two thousand dollars per an- . . num. and shall be allowed, as an assist- Assistant. ant, one clerk of the third class, which clerk the Secretary of State is hereby authorized and required to appoint. An Act to regulate the diplomatic and consular systems of the United States.' Approved August 18, 1856. Pay of dipio- Se it enocted hy the Senate and House of matio officers. Bepresentatives of the United States of America, in Congress assembled, That ambassadors, en- voys extraordinary and ministers plenipotentiary, ministers resident, commissioners, charges d'affaires, and secretaries of legation, appointed to the countries hereinafter named in Schedule A, shall be entitled to compensation for their services, respectively, at the ' Statutes at Large, vol. xi. p." 52. RELATING TO U. S. CONSULAE OFFICEKS. 441 rates per annum hereinafter specified ; that is to say, ambassadors and envoys extraordinary and ministers plenipotentiary, the full amounts specified therefor in said Schedule A ; ministers resident and commission- ers, seventy -five per centum ; charges d'affaires, fifty per centum ; and secretaries of legation, fifteen per centum of the said amounts, respectively : Provided^ That the compensation of the secretary of „ ^ -■• _ _ *' iray ot secre- the legation to China, acting as inter- taries to lega- preter, shall be at the rate of five thou- *^°f^^° <^^'°^ "• and Turkey. sand dollars, and if not acting as such, at the rate of three thousand dollars ; and that of the secretary of legation to Turkey, acting as dragoman, at the rate of three thousand dollars, and if not acting aa such, at the rate of two thousand dollars, per annum. SCHEDULE A. Great Britain and France, each seven- compensation teen thousand five hundred dollars. of diplomatic Russia, Spain, Austria, Prussia, Brazil, ^s®°*^- Mexico, and China, each twelve thousand dollars. All other countries, each ten thousand dollars.^ Sec. 2. And he it further enacted, That sub-officers of the President be and is hereby author- the legations at ized to appoint, for the legations at Lon- p°° i°° ^"^ don and Paris, respectively, an assistant china and Tur- secretary of legation, who shall be entitled ^^' to compensation for their services, respectively, at the rate of fifteen hundred dollars per annum; for the ' The provisions of this section are somewhat modified by the fourth section of the act of July 25, 1866, Session Statutes, Second Session, Thirty-ninth Congress, p. 226. 56 442 ACTS OF CONGEESS, AND EXTRACTS THEBEFEOM, legation to China, an interpreter, when the secretary of legation shall not be acting as such, who shall be ' entitled to compensation at the rate of five thousand dollars ; and for the legation to Turkey, a dragoman, when the secretary of legation shall not be acting as such, who shall be entitled to compensation at the rate of one thousand dollars per annum. _ , , Sec. 3. And he it further enacted, That Jray of consuls •' ' general, crm- ' cousuls general, cousuls, and commercial Buis, and com- ^geuts, appointed to the ports and places mercial agents. ° ^ ' ^^ ^ ^ hereinafter specified in Schedules B and C, shall be entitled to compensation for their services, re- spectively, at the rates per annum hereinafter specified in said Schedules B and C ; and if the President shall think proper to appoint a consul to any port or place named in the said Schedules B and C for a commercial agent," instead of such commercial agent, or vice versa, and an appointment shall be made accordingly, the compensation for such consular officer shall be the same in any such case as that fixed for such port or place in the schedule embracing the same; and if he shall think the public interests will be subserved by appointing to any such port or place a consul general instead of a consul or commercial agent, and an appointment shall be made accordingly, the compensation for such consul general shall be the same as that fixed for such port or place in the schedule embracing the same. Schedules. SCHEDULE B. Consuls general. I.— C ONSULS GENERAL. BRITISH NOETH AMERICA. Quebec, four thousand dollars. BELATING TO "CJ. S. OONSTJLAE OFFICERS. 443 BHITISH INDIA. Calcutta, five thousand dollars. EGYPT. Alexandria, three thousand five hundred dollars.^ JAPAN. Simoda, five thousand dollars. CUBA. Havana, six thousand dollars. ITTRKEY. Constantinople, three thousand dollars. HANSEATIC AND FREE CITIES. Frankfort-on-the-Main, three thousand dollars. II. — CONSULS.^ Consuls. GREAT BRITAIN. Liverpool and London, each seven thousand five hundred dollars. Melbourne, four thousand dollars. Hong-Kong, three thousand five hundred dollars. Glasgow, three thousand dollars. Mauritius and Singapore, each two thousand five hundred dollars. Belfast, Cork, Dundee, Demerara, Halifax, King- ston (J'amiaica), Leeds, Manchester, JSTassau (New Providence), Southampton, and Turk's Island, each ' The title of this officer is changed by the first section of the act of June 20, 1864, Statutes at Large, vol. xiii. p. 139. ' Since the passage of this act in 1856, several additional consular offices have been created by law, which will be found enumerated in the acts making annual appropriations for tht diplomiitie and Oonsmlar exrpenses of the goternment. 444 ACTS OF CONGRESS, AND EXTRACTS THEREFROM, two thousand dollars. Prince Edward's Island, one thousand dollars. PRANCE. Havre, six thousand dollars. Paris, five thousand dollars. Marseilles, two thousand five hundred dollars. Bordeaux, two thousand dollars. La Rochelle and Lyons, each one thousand five hundred dollars. ETJSSIA. Moscow, Odessa, Revel, and St. Petersburg, each two thousand dollars. SPAIN. Matanzas, Trinidad de Cuba, and Santiago de Cuba, each two thousand five hundred dollars. San Juan (Porto Rico), two thousand dollars. Cadiz, Malaga, and Ponce (Porto Rico), each one thousand five hundred dollars. AUSTRIA. Trieste, two thousand dollars. Vienna, one thousand five hundred dollars. PRUSSIA. Aix-la-Chapelle, two thousand five hundred dollars. CHINA. Canton and Shanghai, each four thousand dollars. Fouchou, three thousand five hundred dollars. Amoy and Ningpo, each three thousand dollars. TURKEY. Bey rut and Smyrna, each two thousand dollars. Jerusalem, one thousand five hundred dollars. RELATING TO V. S. CONSTJLAK OFFICERS. 445 NETHERLANDS. Rotterdam, two thousand dollars. Amsterdam, one thousand dollars. BELGIUM. Antwerp, two thousand five hundred dollars. PORTUGAL. Funchal and Oporto, each one thousand five hun- dred dollars. DENMARK. St. Thomas, four thousand dollars. Elsineur, one thousand five hundred dollars. SARDINIA. Genoa, one thousand five hundred dollars. SWITZERLAND. Basle, two thousand dollars. Greneva, one thousand five hundred dollars. SICILIES. Messina, Naples, and Palermo, each one thousand five hundred dollars. SAXONY. Leipsic, one thousand five hundred dollars. BAVARIA. Munich, one thousand dollars. TUSCANY. Leghorn, one thousand five hundred dollars. WURTEMBURG. Stuttgardt, one thousand dollars. 446 ACTS OF COITGKESS, AND EXTRACTS THEKEFKOM, HANSEATIC AND FREE CITIES. Bremen and Hamburg, each two thousand dollars.' BAEBAEY STATES. Tangier, Tripoli, and Tunis, each three thousand dollars. BEAZIL. Rio de Janeiro, six thousand doUg-rs. Pernambuco, two thousand dollars. MEXICO. Vera Cruz, three thousand five hundred dollars. AcapulcQ, two thousand dollars. PEETT. Callao, three thousand five hundred dollars. CHILI. Valparaiso, three thousand dollars. BUENOS AYEE9. Buenos Ayres, two thousand dollars. NICARAGUA. San Juan del Sur, two thousand dollars. NEW GKANADA. Aspinwall, two thousand five hundred dollars. Panama, three thousand five hundred dollars. VENEZUELA. Laguayra, one thousand five hundred dollars. 1 By the act of Tebruary 4, 1862, the compensation of the consul at Bremen was increased to three thousand dollars. RELATING TO U. S. CONSULAE OFFICEES. 447 SANDWICH ISLANDS. Honolulu, four thousand dollars. Lahaina, three thousand dollars, III.— COMMERCIAL AGENTS. Commercial agents. NICARAGUA. San Juan del Norte, two thousand dollars. ST. DOMINGO (island). Port au Prince, two thousand dollars. St. Domingo (city), one thousand five hundred dollars. SCHEDULE a Schedule c. I .— C N S U L S . Consuls. GREAT BRITAIN. Capetown and Falkland Islands, each one thousand dollars. AUSTRIA. Venice, seA'"en hundred and fifty dollars. PRUSSIA. Stettin, one thousand dollars. TURKEY. Candia and Cyprus, each one thousand dollars. NETHERLANDS. Batavia, one thousand dollars. PORTUGAL. Fayal and Santiago (Cape de Verd), each seven hundred and fifty dollars. 448 ACTS OF CONGRESS, AND EXTRACTS THEREFROM, DENMAEK. Saint Croix, seven hundred and fifty dollars. SARDINIA, Spezzia, one thousand dollars. GREECE. Athens, one thousand dollars. MUSCAT, Zanzibar, one thousand dollars. BRAZIL. Bahia, Maranham Island, Para, and Kio Grande, each one thousand dollars. MEXICO, Matamoras, Mexico (city), and Tampico, each one thousand dollars. Paso del Norte and Tabasco, each five hundred dollars. PERU. Paita and Tumbez, each five hundred dollars. CHILI. Talcahuano, one thousand dollars. NEW GRANADA, Carthagena and Sabanillo, each five hundred dollars. HONDURAS, Omoa, one thousand dollars, ECUADOR, * Guayaquil, seven hundred and fifty dollars. RELATING TO TJ. S. CONSULAR OFFICERS. 449 BOLIVIA. Cobija, five hundred dollars. TJEUGUAY, Montevideo, one thousand dollars. SOCIETY ISLANDS. Tahiti, one thousand dollars. NEW ZEALAND. Bay of Islands, one thousand dollars. Apia, one thousand dollars. FEJEE ISLANDS. Lanthala, one thousand dollars. II.— COMMERCIAL AGENTS. Commercial POETUGAL. St. Paul de Loanda (Angola), one thousand dollars. LIBERIA. Monrovia and Gaboon, each one thousand dollars. ST. DOMINGO (island). Cape Haytien, one thousand dollars. Aux Caves, five hundred dollars. RUSSIA IN ASIA. Amoor River, one thousand dollars. Sec 4. And be it further enacted, That consuls general, consuls, and commercial ^"o^uk^'of- agents, not embraced in Schedules B and ficera not em- C, shall be entitled, as compensation for J^fsll^Jc'^" their services, to such fees as they may 57 450 ACTS OF CONGRESS, AND EXTRACTS THEKEFEOM, collect in pursuance of the provisions of this act, re- spectively.^ Sec. 5. And be if further enacted, That JSo consul, etc. ■' embraced in no consul general, consul, or commercial Schedule B to ^ . embraced in Schedule B, shall, be engaged m '-' business, etc. wliile he holds his oflBce, be interested in Kinds of busi- or transact any business as a merchant, ness prohibited. j. , i i .1 j. i lactor, broker, or other trader, or as a clerk or other agent for any such person, to, from, or within the port, place, or limits of -his consulate or commercial agency, directly or indirectly, either in his own name or in the name or through the agency of Bond to that ^^J Other porsou ; and if appointed after effect to be this act shall take effect, he shall, in his given. official bond, stipulate, as a condition thereof, not to violate this prohibition ; and if appointed before and retained in office after this act shall take effect, he shall, within such reasonable time as the New bond; President shall prescribe, enter into a new when required, official boud with such Stipulation as a condition thereof; and if any such consul general, consul, or commercial agent shall violate such pro- Penaity for vio- hibitiou, he shall be liable to a penalty lation. therefor, for the use of the United States, equal in amount to the annual compensation specified „ , for him in said Schedule B, which may be How recovered. ' ^ recovered in an action of debt at the suit of the United States, either directly for the penalty as such, against such consul general, or consul, or com- ' The compensation of consuls and commercial agents not included in Sched- ules B and C has been modified by the provisions of the act of July 25, 1866. Statutes at Large, vol. xii. p. 226. RELAXING TO TJ. S. CONSULAR OFFICERS. 451 mercial agent, or upon his official bond, as liquidated damages, for the breach of such condition, against such consul general, consul, or commercial agent, and his sureties, or any one or more of them ; and in every such case all such actions shall be open to Actions for re- the United States for the collection of such covery of pen- penalty till the same shall be collected in ^ ^' some one of such actions ; and every such penalty, when collected, shall be paid into the Treasury Penalty paid of the United StUes ; and such prohibition '"*° Treasury, shall be applicable to all consuls general, Prohibition- to but not to any consul or commercial agent whom appUca- not embraced in said Schedule B, except as hereinafter authorized, unless otherwise expressly provided by law. ' Sec. 6. And he it further enacted. That ^ "' _ Interpreters for the President be and is hereby author- consulates in ized to appoint three interpreters of the ^'^^"*" Chinese language, who shall be entitled to compensa- tion for their services, respectively, at a rate not to exceed fifteen hundred dollars per annum. Their compen- to be determined by the President, and to ^^^°^- assign such interpreters, from time to time, to such consulates in China and with such duties, as he may think proper. Sec. 7. And he it further enacted, That „ •' _ _ Consular pupils. the President be and is hereby authorized, whenever he shall think the public good will be pro- moted thereby, to appoint consular pupils, . not to exceed twenty -five in number at any one time, who shall be citizens of the United States, and entitled to compensation for their ser- 452 ACTS OF CONGRESS, AND EXTRACTS THEREFROM, Their compen- ^ices, respectively, at a rate not to exceed Bation. one thousand dollars per annum, to be de- Their assi n- tormined by the President ; and to assign ment and du- such pupils, from time to time, to such ^^' consulates, and with such duties, as he may think proper ; and before the appointment of any Examination such pupil shall be made, satisfactory evi- required. deuco, by examination or otherwise, shall be furnished of his qualifications and fitness for the office to the Secretary of State, and by him laid before the President.^ Sec. 8. And he it further enacted. That When compen- , •' sation is to no person appointed, after this act shall commence and ^^^ effect, to any such office as is cease. . mentioned in the first, second, third, sixth, or seventh sections of this act, shall be entitled to compensation for his services therein, except from the time when he shall reach his post and enter upon his official duties to the time when he shall cease to hold such office, and for such time as shall be actually and necessarily occupied in receiving his instructions, not to exceed thirty days, and in making the transit between the place of his residence when appointed and his post of duty at the commencement and termina- tion of the period of his official service, for which he shall in all cases be allowed and paid, except as here- Ceasation of iuaftor mentioned ; and no person shall °®'^®- be deemed to hold any such office after his successor shall be appointed and actually enter upon the duties of his office at his post of duty, nor 1 Repealed February 7, 1857, and the appointment of Consular clerks author- ized June 20, 1864; Statutes at Large, vol. xi. p. 160, and vol. xii. pp. 139, 140. RELATING TO U. S. CONSULAR OFFICEKS. * 453 after his official residence at such post shall have terminated if not so relieved ; but no such „ Consular om- allowance or payment shall be made to cers contem- auy consul 2;eneral, consul, or commercial plated by fourth section not en- agent contemplated by the fourth section titled to com- of this act, or to any vice consul, vice p™^*'""- commercial agent, deputy consul, or consular agent, for the time so occupied in receiving instructions or in such transit as aforesaid ; nor shall any ,„, ■' When a consu- such ofl&cer as is referred to in this sec- lar officer is not tion be allowed compensation for the time ^^°^^^ '^'^- ^ _ pensation. SO occupied in such transit at the termi- nation of the period of his oflBcial service, if he shall have resigned, or been recalled therefrom for any mal- feasance in his office. Sec. 9. And be it further enacted, That when to any diplomatic office held by any m^tic officer re- person there shall be superadded another, ceivesan added such person shall be allowed additional ^ jj^ve half' compensation for his services, in such P^y °^ such superadded office, at the rate of fifty per centum of the amount allowed by this act for such superadded office ; and such superadded office shall be deemed to continue during the time to Continuance of which it is limited by the terms thereof, ^""^^ °^'^^- and for such time as shall be actually and necessarily occupied in making the transit between the two posts of duty, at the commencement and termination of the period of such superadded office so limited, and no longer. Sec. 10. And be it further enacted, That Pay of secre- for such time as any secretary of legation ^^''^ *''''"s •^ . as charge d'af- shall be lawfully authorized to act as faiies. 454 ACTS OF CONGRESS, AND EXTRACTS THEEEFEOM, charge d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive compensation at .the rate allowed by this act for a charg^ d'affaires at such post; but he Not entitled to shall not be entitled to receive for such two salaries. time ■ the compensation allowed for his services as secretary of legation. Sec. 11. And he it further enacted, That Pay of consu- ^^^ ^^^j^ ^-^^ ^ cousular officer shall lar omcers per- •' forming dipio- be authorized, pursuant to the provisions tion!'" ^"°'" ^^ *^^^ ^^*' *^ P«^rform diplomatic func- tions, in the absence of the regular diplo- ma(tic officer in the country to which he shall be appointed, he shall be 'entitled, in addition to his compensation as such consular officer, to receive com- pensation for his services, while so authorized, at the rate allowed by this act for a secretary of legation in siich country. Sec. 12. And he it further enacted, That When consular ^^ consular officer shall exercise diplo- omcers may not ■■• exercise diplo- matic functions, or hold any diplomatic correspondence or relation on the part of the United States, in, with, or to the gov- ernment or the country to which he shall be appointed, or any other country or government, when there shall be in such country any officer of the United States authorized to perform diplomatic functions therein, nor in any case, unless expressly authorized by the President so to do. „ , ^ Sec. 13. And he it furtJier enacted. That Bonds of con- •> ' sals general, every consul general, cousul, and commer- consuis, and g][g^j agent, appointed before and retained matic func- tions. RELATING TO TJ. S. CONSTJLAE OFFICERS. 455 in office after this act shall take effect, commercial shall, without unnecessary delay, and *^" every such officer appointed after this act shall take effect, shall, before he receives his commission or enters upon the duties of his office, enter into a bond to the United States, with such sureties, who shall be per- manent residents of the United States, as the Secre- tary of State shall approve, in a penal , -I ,^ ,^ 1 Penal sum. sum not less than one thousand nor more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for J 1 , 1 /» 'ii c 1 , ' i* Conditions. the true and taithiul accounting tor, pay- ing over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person to his use, as such consul general, consul, or commercial agent, under any law now or hereafter enacted ; and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such consul general, consul, or commer- cial agent ; and in the cases of consuls general, consuls, and commercial agents embraced in Schedule B, such bond shall contain, by way of further condition, the stipulation required by the fifth section of this act ; and all such bonds shall be deposited with the Secretary of the Treasury ; and in 'no p°°J^*° ^^^^^^ case shall the penalty of such bond be less the Secretary than the annual compensation allowed to ° * ® ^'"^"" _ ^ sury. the officer entering into such bond ; and the President shall be authorized to require a new or additional bond from any such consul -^^^ bond may general, consul, or commercial agent, in be required. 456 ACTS OF CONGKESS, AND EXTRACTS THEREFROM, like form and in such penalty, within the limits afore- said, in amount, as he shall prescribe, whenever, in his opinion, the public good shall require it. President ma ^^^- ^^- -^^^ ^^ it further enacted, That define limits of the President be, and he is hereby, au- consu ates, etc. ^j^Qj-jgied to define the extent of country to and provide for •' , vice consuls, be embraced within any consulate or ^^' commercial agency, and to provide for the appointment of vice consuls, vice commercial agents, deputy consuls, and consular agents therein, in such manner and under such regulations as he shall deem Their pay to be Proper ; but uo Compensation shall be out of the ai- allowed for the services of any such vice lowance of the , . . , , i t principal con- consul or vico Commercial agent, beyond suiar officer. nor cxcopt out of the allowauce made by this act for the principal consular officer in whose place such appointment shall be made; and pointment Tf ^^ ^^^^ cousul, vicc Commercial agent, dep- subordinate uty cousul, or cousular agent shall be ap- consular offi- • x j i.t_ • xi • i i j.gj^ pomted otherwise than m such manner and under such regulations as the President shall prescribe, pursuant to the provisions of this act. Pay of vice con- ^^'^- ^^- -^^^ ^^ it further enacted, That suis and com- evory vice consul and vice commercial merciai agents, g^ggj^j^ g]^a,ll be entitled, as compensation for his services as such, to the whole or so much of the com- pensation of the principal consul officer, in whose place he shall be appointed, as shall be determined by the Pre- sident ; and the residue, if any, shall be paid to such prin- cipal consular officer ; and every consular agent shall be Pay of consular entitled, as compensation for his services, agents. ^0 such fees as he may collect in pursu- EELATING TO V. S. CONSULAK OFFICERS. 457 ance of the provisions of this act, or so much thereof as shall be determined by the President; and the principal officer of the consulate or com- Residue of com- mercial agency within the limits of which pensation. such consular agent shall be appointed shall be entitled to the residue, if any, in addition to any other com- pensation allowed him by this act for his services therein; and the President shall have power to subject any consul or commer- F^^'^f.™* ™^y •*■ J J interdict con- cial agent contemplated by the fourth sec- sui, etc., or vice tion of this act, and any vice consul, vice ^°°''" ' . ^ '^■' ' '' ' from trading. commercial agent, deputy consul, or con- sular agent, to the prohibition as to trade contained in the fifth section of this act, and to require Bond may be from any of them such bond as is pro- J^eq^'i^ed. vided for by the thirteenth section of this act, when- ever he shall think the public interests will be pro- moted thereby. Sec. 16. And he it further enacted, Thai president may the President be, and he is hereby, au- prescribe fees ,1.1, •! J? X- J. J.- for official ser- thorized to prescribe, from time to time, ^^^^ ^^ ^^ the rates or tariffs of fees to be charged ignate what are for official services, and to designate what "^"'^ services. shall be regarded as official services, besides such as are expressly declared by law, in the business of the several legations, consulates, and commercial agencies, and to adapt the same, by such differences as may be necessary or proper, to each legation, consulate, or com- mercial agency, and such rates or tariffs ^^ ^ ^ ^^^ shall be reported annually to Congress ; same annually and it shall be the duty of all officers and ° °^'^' persons connected with such legations, consulates, or 58 458 ACTS OF CONGEESS, AND EXTKACTS THEEEFEOM, Prescribed fees Commercial agencies to collect for such only to be col- official sorvices such and only such fees ^'^'^ ■ as may be prescribed for their, respective legations, consulates, and commercial Collectors to . , . , , ' annex to clear- agcncies ; and it shall be the duty of the ances a copy of collectors of the Several districts, when- such tarifi. ever any clearance is granted to any ship or vessel of the United States, duly registered as such, and bound on any foreign voyage, to annex thereto, in every case, a copy of the rates or tariffs of fees which shall be allowed in pursuance of the provisions of this act, and then in force ; and it shall be the duty of all consular officers at all times to keep up in their Consuls etc offices, respectively, a copy of such rates to keep a copy or tariffs as shall be in force, in a conspic- in their offices. ■■ i t_ • j. j. i.i uous place, and subject to the examina- tion of all persons interested therein. EeoeiptB to be Sec. 17. And be it further enacted, That given for fees. jt shall be the duty of all consular officers to give receipts for all fees which shall be collected for their official services respectively, expressing the Official services particular services for which the same to be specified. ^gj.g collected ; and if any such consular Penalty for col- officer shall colloct. Or kuowingly allow to lecting other or be Collected, for any such service, any greaer ees. other or greater fees than such as shall be allowed pursuant to the provisions of this act for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same shall be paid, treble the amount of said unlawful charge so collected, as a penalty therefor, to be recovered by such person in RELATING TO U. S. CONSULAR OFFICERS. 459 any proper form of action, to and for the use of such person, besides costs of suit. And in any ^ ^^ gg_^^^ such case the Secretary of the Treasury to compensa- is hereby authorized to retain, out of the *^°°" compensation of such officer, the amount of such over- charge, and of such penalty, and charge the same to such officer in account, and thereupon to unlawful refund such unlawful charge, and pay charge may be such penalty to the person entitled to the same, if he shall think proper so to do. Sec. 18. And be it further enacted, That j-ees to be ae- all fees collected at any of the legations, counted for. or by the consuls general, consuls, and commercial agents mentioned in Schedules B and C, and by vice consuls and vice commercial agents appointed to per- form their duties, or by any other persons in their be- half, shall be accounted for to the Secretary of the Treasury, and held subject to his draft or r . A 11 Subject to draft. other directions. And all such consuls general, consuls, commercial agents, and consular agents as are allowed for their compensa- Returns to be tion the whole or any part of the fees ""adeoffees. which they may collect pursuant to the provisions of this act, and all vice consuls and vice commercial agents appointed to perform the duties of said consuls general, consuls, and commercial agents as are allowed for their compensation the whole or any part of such fees as aforesaid, shall make returns of all such fees as they or any other persons in their behalf shall so col- lect, in such manner as the Secretary of ^, ' _ "' l ' forfeesto be de- commanders of ships and vessels to whom Uvered to coi- any receipt for fees shall be given by any o7ve^9se°s^to"be consular officer, to furnish a copy thereof forwarded to to the collector of the district in which Secretary of the Treasury. such ships and vessels shall first arrive on their return to the United States ; and it shall be the duty of every collector to forward to the Secretary of the Treasury all such copies of receipts as shall have been so furnished to him, and also a statement of all certified invoices which shall come to his office, giv- ing the dates of the certificates and the names of the persons for whom and of the consular officers by whom the same were certified ; and every consulal' oath to ac- officer, in rendering his account or report counts, of fees received, shall furnish a full transcript of the register which he is hereby required to keep, under oath or affirmation that the same is true and correct, and that the same contains a full and accurate state- ment of all fees received by him, or for his use, for his official services as such consular officer, to the best of his knowledge, during the period for which the same shall purport to be rendered, and that such oath or affirmation may be taken before any per- By whom ad- son having authority to administer oaths """"laiered. 462 ACTS or congress, and extracts thekefeom, and affirmations at the port or place where such con- Penaity for sular officer IS located ; and if any such perjury. cousular officer shall willfully and cor- ruptly commit perjury, in any such oath or affirma- tion, within the intent and meaning of any act of Con- gress now or hereafter made, he may be charged, pro- ceeded against, tried and convicted, and dealt with in the same manner, in all respects, as if such offence had been committed in the United States before any officer duly authorized therein to administer or take such oath or affirmation, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence. Sec. 19. And be it further enacted, That Absence from ^^ ^^^j^ ^^^^ ^^ -^ j^entioned in the first, post, when for- ' bidden. Deduc- secoud, third, fourth, sixth, or seventh tions from pay ggg^jons of this act shall, nor shall any therefor. ' •' consular agent, be absent from his post or the performance of his duties for a longer period than ten days at any one time, without the permission previously obtained of the President. And no com- pensation shall be allowed for the time of any such absence in any case, except cases of sickness ; nor shall any diplomatic or consular officer corre- No diplomatic t- li^i it m • p or consular offi- spoud m regard to the public affairs of cer to corre- any foreign government with any private spond with pri- .-, . , . , vate persons on persou, newspaper, or other periodical, or public affairs, otherwise than with the proper officers of to or ask for or ^^ United States, nor recommend any accept office person, at home or abroad, for any em- ployment of trust or profit under the gov- ernment of the country in which he is located ; nor ask RELATING TO U. S. CONSULAR OFFICEES. 463 or accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such government. Sec. 20. And be it further enacted, That „ , ^ . ■' ' Pay to be in the compensation provided by this act foil for aii ser- shall be in full for all the services and "'^'^^■ personal expenses which shall be rendered or incurred by the officers or persons respectively for whom such compensation is provided, of whatever nature or kind such services or personal expenses may be, or by what- ever treaty, law, or instructions such services or personal expenses so rendered or incurred are or shall be required ; and no alloAvance, other than such as is provided by this act, shall be made in any case for the outfit or return home of any such officer 1 1 a2 in Commissions or person : and no consular officer shall, r ' 'on wages, or nor shall any person under any consular being interest- /». ^ ^ . ed in boarding officer, make any charge, or receive, „^ supplying directly or indirectly, any compensation, sailors, forbid- by way of commission or otherwise, for receiving or disbursing the wages or extra wages to which any seaman or mariner shall be entitled who shall be discharged in any foreign country, or for any money advanced to any such seaman or mariner who shall seek relief from any consulate or commercial agency ; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, board- ing, or otherwise supplying or sending home any such seaman or mariner : Provided, That such prohibition as to profit shall not be con- strued to relieve or prevent any such officer who shall 464 ACTS OF CONGKESS, AND EXTRACTS THEKEFKOM, be the owner or otherwise interested in any ship or vessel of the United States from transporting in such ship or vessel any such seaman or mariner, or from receiving or being interested in such reasonable allow- ance as may be made for such transportation, under and by virtue of the fourth section of the act entitled " An act supplementary to the act concerning consuls and vice consuls, and for the further protection of American seamen," approved February twenty-eighth, eighteen hundred and three. „ . . Sec. 21. And be it further enacted, That Provisions as to •' _ those holding no Compensation provided by this act for office who are ^^^ g^^j^ officer as is mentioned in the not citizens. " first se(3tion of this act, or for any assist- ant secretary of legation, or for any such officer as is mentioned in Schedules B and C of the third section of this act, or any appropriation therefor, shall be applicable to the payment of the compensation of any person appointed to or holding any such office, after this act shall take effect, who shall not be a citizen of the United States ; nor shall any other compensation be allowed in any such case. Stationery and ^^^- ^^- ^^^ ^^ *^ further enocfed, That other articles the President be and is hereby authorized tions,^ coin- *^ provide, at the public expense, all such lates, etc., to be stationery, blanks, record and other books, provi e . seals, presses, flags, and signs, as he shall think necessary for the several legations, consulates, and commercial agencies in the transaction of their business ; and whenever he shall think there is suffi- cient reason therefor, to allow consuls general, consuls. RELATING TO U. S. COSTSTTLAR OFFICERS. 465 and commercial agents who are not al- office rent may lowed to trade, actual expenses of office ^^ ^"°''*'^- rent, not to exceed, in any case, ten per centum of the amount of the annual compensation al- „ ., , ^ President may lowed to such officer, and to prescribe such prescribe rules regulations, and make and issue such ^ to transac- " _ _ tion 01 busmess orders and instructions, not inconsistent and duties of with the Constituj:ion or any law of the '"'"""'^ °^- "' cers. United States, in relation to the duties of all diplomatic and consular officers, the transaction of their business, the rendering of accounts and returns, the payment of compensation, the safe- 1 • 4? ii, I,- 1 IV Safe-keepmg of keeping oi the archives and public pro- archives, and perty in the hands of all such officers, the communication . , . of information. communication of information, and the procurement and transmission of the products of the arts, sciences, manufactures, agriculture, and commerce, from time to time, as he may think con- Eegniations duciye to the public interests ; and it shall etc., to be ob- be the duty of all such officers to conform ^^^^ ' to such regulations, orders, and instructions. And it shall be the duty of the Secretary of State 1 T 1 «- • 1 -r. • i ■ Secretary of to publish official notifications, from time state to publish to time, of such commercial information commercial in- 1 • 1 1 T 1 • formation. communicated to him by such diplomatic and consular officers as he may deem important to the public interests, in such newspapers, not to exceed three in number, as he may select, and to report Report to be to Congress, at least once in each year, a made to Con- synopsis of so much of the information ^^' on all subjects which shall be so communicated to him as he may deem valuable for public information. 59 466 ACTS OF CONGEESS, AND EXTRACTS THEEEFKOM, Sec. 23. And he it further enacted, That the Secretary of State shall be authorized to grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by- such diplomatic or consular officers of the United States, and under such rules as the President shall designate and prescribe, for and on behalf of the United States ; and no other person shall grant, issue, or verify any such passport; nor shall any Passports to be p^ggpoj-t be granted or issued to or veri- issued to citi- X i. o zens of the fied for any other persons than citizens of United States the United States ; * * * * * only. „ „ and in any case the fee allowed (for veri- bee tor pass- •' ^ ports; when ficatiou) therefor shall not exceed the sum abie^^^"^^ ^^'^ ^^ ^^^ dollar ,'^ nor shall any such charge be made for more than one such verifica- tion in any foreign country ; and if any person acting or claiming to act in any office or capacity under the United States, or any of the States of the United States, who shall not be lawfully authorized so to do, shall grant, issue, or verify any passport, or other instru- ment in the nature of a passport, to or for any citizen of the United States, or to or for any person claiming to be or designated as such in such passport or verifi- cation, or if any consular officer who shall be author- ized to grant, issue, or verify passports shall knowingly and willfully grant, issue, or verify any such passport to or for any person not a citizen of the United States, the person so offending shall be deemed and taken to ' The provisions of this section in regard to passports has been modified by those of the eighty-seventh section of the act of July 1, 1862, and the one hundred and fifth section of the act of June 30, 1864. Statutes at Large, vol. xii. p. 472 ; vol. xiii. p. 276. RELATING TO IT. S. CONSULAR OFFICERS. 467 be guilty of a misdemeanor, and on con- penalty for un- viction thereof shall be imprisoned not lawful issue of T (» 1 ■ 1 passports. exceeding one year, or fined m a sum not to exceed five hundred dollars, or both, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody ; and it shall be the duty of all persons who shall be authorized, pursuant to the Return of pass- provisions of this act, to grant, issue, or porta to be verify passports, to make return of the same to the Secretary^of State, in such manner and as often as he shall require; and such returns specifications shall specify the names and all other par- required, ticulars of the persons to whom the same shall be granted, issued, or verified, as embraced in such pass- port : Provided, That in any country where -^^ ^.^^ ^^ a legation of the United States is estab- issue passports lished, no person other than the diplo- absence "of a matic representative of the United States diplomatic of- at such place shall be permitted to grant or issue any passport, except in the absence therefrom of such representative. Sec. 24. And he it further enacted, That . Secretaries of every secretary ot legation and consular legations and officer is hereby authorized, whenever he consular offi- _ •' _ cers may ad- shall be required or may deem it neces- minister oaths sary or proper so to do, at the post, port, ^"f ^^ "' "°" place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and also to perform any notarial act or acts such as any notary public is required or authorized by 468 ACTS OF COITGEESS, AXD EXTRACTS THEREFROM, Validity of ^^"^ ^^ ^^ ^r perform within the United Buch acts. States ; and every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done by or before any such officer, when certified under his hand and seal of office, shall be as good, valid, effectual, and of like force and effect within the United States, to all intents and purposes, as if such oath, affirmation, affidavit, deposition, or notarial act had been administered, sworn, affirmed, taken, had, or done by or before any other person within the United States duly authorized Pen alt for and Competent thereto ; and if any person perjury in such shall willfully and coTruptly commit per- oaths. ■ 1 jury, or by any means procure any person to commit perjury, in any such oath, affirmation, affi- davit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender ■ may be charged, proceeded against, tried, convicted, and dealt with, in any district of the United States, in the same man- ner, in all respects, as if such offence had been com- mitted in the United States before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be sub- ject to the same punishment and disability therefor as are or shall be prescribed by any such act for such Evidence of the offeuce ; and any document purporting to taking of the havo affixed, impressed, or subs9ribed thereto or thereon the seal and signature of the officer administering or taking the same in tes- timony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or RELATING TO U. S. CONSULAR OFFICERS. 469 of the official character of such person; pgn^it for and if any person shall forge any such forging a seal 1 . . T ^^ , 1 • .or signature. seal or signature, or shall tender m evi- dence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false and counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thou- sand dollars, and may be charged, proceeded against, tried, convicted, and dealt with therefor „, , . , Jrlace oi trial. in the district where he may be arrested or in custody. Sec. 25. And le it further enacted, That Provisions in whenever any seaman or mariner of any c^e of deser- vessel of the United States shall desert °^° seamen, such vessel, the master or commander of such vessel shall note the fact and date of such desertion on the list of the crew, and the same shall be Authentication officially authenticated at the port or of the deser- place of the consulate or commercial agency first visited by such vessel after such deser- tion, if such desertion shall have occurred in a foreign country ; or if, in such case, such vessel shall not visit any place where there shall be any consulate or commercial agency before her return to the United States, or the desertion shall have occurred in this country, the fact and time of such desertion shall be officially authenticated before a notary public imme- diately at the first port or place where such vessel shall arrive after such desertion ; and all wages Forfeiture of that may be due to such seaman or mar- ^^^- 470 ACTS OF CONGRESS, AND EXTRACTS THEEEFROM, iner, and whatever interest lie may have in the cargo of such vessel, shall be forfeited to and become the property of the United States, and paid over for their use to the collector of the port where the crew of such vessel are accounted for, as soon as the same can be ascertained, first deducting therefrom any expense which may necessarily have been incurred on ac- count of such vessel in consequence of such desertion ; Settlement of ^^^ ^^ Settling the account of such wages account for or interest no allowance or deduction shall ^^^' be made, except for moneys actually paid, or goods at a fair price supplied, or expenses incurred to or for such seaman or mariner, any receipt or voucher from or arrangement with such seaman or mariner to the contrary notwithstanding. Sec. 26. And be it further enacted, That Provision for .^ t j. ■ j? the case of the i^pon the application 01 any seaman or discharge of mariner for a discharge, if it shall appear seamen abroad. . Ji i jv* j_i j_ i • j_'j_i i to the consular omcer that he is entitled to his discharge under any act of Congress, or accord- ing to the general principles or usages of maritime law as recognized in the United States, he shall discharge such seaman or mariner, and shall require from the master or commander of the ship or vessel from which such discharge shall be made, the payment of three Extra wages re- Hionths' extra wages, as provided by the quired. act hereinbefore mentioned, approved February twenty-eighth, eighteen hundred and three ; arid it shall be the duty of such master or When only pav- i j. j.i i i ment of extra commaudcr to pay the same, and no such wages may be payment or any part thereof shall be re- remitted, -ii 1 • i. 1 mitted in any case, except such as are EELATING TO TJ. S. CONSUL AE OFFICEES. 471 mentioned in the proviso of the ninth clause of the act entitled "An act in addition to the several acts regula- ting the shipment and discharge of seamen and the duties of consuls," approved July twentieth, eighteen hundred and forty, and as hereinafter provided, and the extra wages required to be paid by the said ninth clause of the last hereinbefore mentioned Application of act, and by this section, shall be applica- ^^^''^ ^^s^^- ble to the same purposes and in the same manner as is directed by the said act, approved February twenty- eighth, eighteen hundred and three, in regard to the extra wages required to be paid thereby ; , . « T ,v. T T 1 Consular offi- and if any consular officer, when discharg- ^^^ ^^^^^, ing any seaman or mariner, shall neglect able for extra to require the payment of and collect the ^''^^^" extra wages required to be paid in the case of the dis- charge of any seaman or mariner by either of the said acts, as far as they shall remain in force under this act, or by this act, he shall be accountable to the United States for the full amount of their share of such wages, and to such seaman or mariner to the full amount of his share thereof; and if any seaman or mariner shall, after his discharge, have incurred any expense for board or other necessaries at the port or place of his discharge before shipping again, such expense shall be paid out of the share of the three months' wages to which he shall be entitled, which shall be retained for that purpose, and the balance only paid over to him : Provided, however, That in cases of wrecked or stranded ships or vessels, or ships or vessels condemned as unfit for service, no payment of extra wages shall be required. 472 ACTS OF CONGKESS, AND EXTRACTS THEREFKOM, Sec. 27. And be it further enacted, That List to be kept gyg^y consular officer shall keep a de- 01 seamen •' '■ shipped or dis- tailed list of all seamen and mariners chared, and gjjjppgd and discharged by him, specifying arriving or de- their names and the names of the vessels parting, and of ^^ ^^^ j^.^^ ^^^:^^ ^. ^^^^l be shipped their cargoes, ■', ^ ■>■ and payments and discharged, and the payments, if any, " ^' made on account of each so discharged ; and also of the number of the vessels arrived and de- parted, and the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as Nature of re- p^gg^jj^g ^j^g nature and value of their turns tone -t made to Sec- cargoes, and where produced, and make retery o t e J.g^^J.JJg gf {^j^g same, with their accounts Treasury. and other returns, to the Secretary of the Treasury ; and no consular officer shall certify any in- voice unless he shall be satisfied that the When consular -• • ,-< ,i nn , • officers are for- person making the oath or affirmation bidden to cer- thereto is the person he represents him- 1 y mvoices. ^^^^ ^ -j^^^ ^^^^ -^^ ^^ ^ Credible person, and that the statements made under such oath or affirmation are true ; and he shall there- Certificate, 1 1 . ,.f» , , , ii j_ 1 upon, by his certificate, state that he was so satisfied ; and it shall be the duty of every consular Prices current officcr to fumish to the Secretary of the to be furnished. Treasury, as often as shall be required, the prices current of all articles of merchandise usually exported to the United States from the port or place in which he shall be located. RELATING TO U. S. CONSULAK OFFICERS. 473 Sec. 28. And be it further enacted, That it shall be the duty of every master and of ships obliged commander of a ship or vessel of the '° '^PP'y *° ^^^ United States, whenever he shall have oc- tiieyiiave ooca- casion for any consular or other ofBcial sionfoianyoffi- service which any consular officer of the United States shall be authorized by law or usage officially to perform, and for which any fees shall be allowed by the said rates or tariffs of fees as afore- said, to apply to such one of the said officers as may then be officially located at the consulate or commer- cial agency, if any there be where such service shall be required, to perform such service; and such master or commander shall pav to such officer „ ^ " Fees to be paid. such fees as shall be allowed for such ser- vice in pursuance of the provisions of this act ; and if any such master or commander shall omit i^j^igrs liable so to do, he shall be liable to the United for the amount States for the amount of the fees lawfully chargeable for such services, as though the said ser- vices had been performed by such officers ; and all consular officers are hereby authorized Ship's papers and required to retain m their possession may be de- all the papers of such ships and vessels '^'"^"^ '^^^ P'^y- t, , 1 . , . , 1 ment is made. which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on account of such ships and vessels. Sec. 29. A7id he it further enacted, That ■ . Duties of con- if any citizen of the United States who suiar officers shall die abroad shall, by any lawful tes- ^i^^" citizens . , , . die abroad. tamentary disposition, leave special direc- 60 474 ACTS OF CON^GRESS, AND EXTRACTS THEREFROM, tions for the custody and management, by the consular ofl&cer of the port or place where he shall die, of the personal property of which he shall die possessed in such country, as contemplated by the act entitled "An act concerning consuls and vice consuls," ap- proved April fourteenth, seventeen hundred and ninety-two, it shall be the duty of such officer, so far as the law of such country will permit, strictly to ob- Offioiai assist- ^crve such directions; and if any such ancetobegiven citizen SO doing shall, by any lawful tes- te executors. . , , . ... i • x i tamentary disposition, have appointed any other person or persons than such officer to take charge of and manage such property, it shall be the duty of such officer, whenever required by such per- son or persons so appointed, to give his official aid in whatever way may be necessary to facilitate the pro- ceedings of such person or persons in the lawful exe- cution of such trust, and, so far as the laws of the country permit, to protect the property of the de- ceased from any interference of the local authorities of the country where such citizen shall die ; and to this end it shall be the duty of such consular officer „„ , to place his official seal upon all or any When seals are ^ r j to be placed of the personal property or effiscts of the and removed. ■, jij.iii i deceased, and to break and remove such seals, as may be required by such person or persons, and not otherwise. Fees- in what ^^^- ^^- ■^'"'^ ^^ it further enacted, That coinage pay- all fees Collected for and in behalf of the United States, in pursuance of this act, shall be collected in the coin of the United States, or at its representative value in exchange. RELATING TO TJ. S. CONSULAR OFFICERS. 475 Sec. 31. And be it further enacted, That , , . , . 1 » , 1 Construction of m the construction, and for the purposes, former acts of all other acts and parts of acts which ^^°"' consular shall remain in force after this act shall take eflFect, defining any of the powers, declaring any of the rights, prescribing any of the duties, or im- posing any penalty or punishment for any act of omis^ sion or commission of any consul, commercial agent, vice consul, or vice commercial agent, or allowing or enjoining the performance of any act, matter, or thing with or before any such officer, all such acts and parts of acts shall in all these several respects, so far as may be consistent with the subject-matter and context of the same and with this act and the treaties of the United States, be deemed and taken to include and apply to all consular officers as though all such of- ficers were specially named therein ; and the said official designations in contemplation of t.^ . „ o r Meaning of all such acts and parts of acts, and of this titles of consu- act, shall be deemed and taken to have "° the respective meanings hereinafter assigned to them ; that is to say, "consul general," "consul," c„„^„i g^^^^^^. and "commercial agent," shall be deemed consul; com- and taken to denote full, principal, and ™^™^'* '^^^"■ permanent " consular officers," as distinguished from subordinates^ and substitutes; "deputy Deputy consul; consul" and "consular agent" shall be consular agent. deemed and taken to denote " consular officers " sub- ordinate to such principals, exercising' the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the ' See Opinion of Attorney General, July 16, 1860. 476 ACTS OF CONGEESS, AND EXTKACTS THEEEFEOM, former at the same ports or places, and the latter at ports or places different from those at which such Vice consul- principals are located, respectively; and vice commer- " vico consuls " and " vico Commercial cia agen. agents" shall be deemed and taken to denote "consular officers" who shall be substituted temporarily to fill the places of " consuls general," "consuls," or "commercial agents," when they shall be temporarily absent or relieved from duty; and Consular offi- the term " consular officer," as used in ^^'■- this act, shall be deemed and taken to in- clude all such officers as are mentioned in this section. Diplomatic offi- ^^^^ uonc othors ; and the term " diplo- <=^'"- matic officer," as used in this act, shall be deemed and taken to include all the oflBicers mentioned in the first section of this act, and none others. Sec. 32. And be it further enacted, That viouTionor ^^ ^^J consular officer shall willfully neglect of duty ncglcct or omit to perform seasonably by consular of- i i. • ^ i • i j.i • g^g^g any duty imposed upon him by this or any other act, or by any order or instruc- tion made or given in pursuance of this or any other act, or shall be guilty of any willful malfeasance or abuse of power or any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect or omission, malfeasance, abuse, or corrupt conduct, for all damages occasioned thereby ; and for all such damages by any such officer, he, and his sureties upon his official bond, shall be responsible thereon to the full amount of the penalty thereof, to be sued in the name of the United States for the use of the person or persons so injured: Provided, That RELATING TO TJ. S. CONSULAR OFFICERS. 477 sucli suit shall in no case prejudice, but ^ . , Proviso. shall be held in entire subordination to the interests, claims, and demands of the United States, as against such officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office ; and if any such officer shall refuse to pay any draft, order, or warrant which fusai to pay may be drawn upon him by the proper ^^^' °^^^' °^ officer of the Treasury Department for any public moneys of the United States in his hands, or for any amount due from him to the United States, whatever the capacity in whicR he may have received or may hold the same, or to transfer or disburse any such moneys promptly upon the legal requirement of any authorized officer of the United States, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be punished by imprison- ment, not to exceed ten years nor less than one year, or by fine, not to exceed two thousand dollars nor less than two hundred dollars, or both, at the discretion of the court ; and any such officer so offend- where trial to ing may be charged, proceeded against, ^^had. tried, convicted, and dealt Avith in any district in which he may be arrested or in custody. Sec. 33. And be it further enacted, That Repealing the fifth, sixth, and seventh sections of <=i^'^^^- the act hereinbefore mentioned, approved July twen- tieth, eighteen hundred and forty, and all of the act entitled " An act to remodel the diplomatic and con- sular systems of the United States," approved March first, eighteen hundred and fifty-five, and all acts and parts of acts whereby any such fees as are contem- 478 ACTS OF COIiTGRESS, AND EXTRACTS THEKEFEOM, plated by the seventeenth section of this act are fixed or allowed, and any usage or law whereby any attach^ is or may be allowed to any legation other than such as are provided in this act, or requiring any secretary of legation to be employed otherwise than as provided by this act, and all other acts and parts of acts, so far as the same are inconsistent with this act, secreta "^ of "le- ^^ ^^^ ^^® Same are hereby annulled and gation allowed repealed ; and no attach^ shall be allowed otherwise than ■ i /» i i ■ is rovided ^^ ^^^ caso, nor any secretary oi legation, otherwise than as provided by this act. When this act Sec. 34:.* And be it further enacted, That to take effect. -^jjig ^ct shall take offoct on the first day of January next, and not before. An Act making appropriations for the consular and diplomatic ex- penses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-eight. [extract.] Sec. 2. And be it furtlier enacted. That Appointment "^ ' of consular the Seventh section of "An act to regulate pupils no longer ^Jjq diplomatic and consular systems of authorized. ■ "' the United States," approved August eighteenth, eighteen hundred and fifty-six, be and the same is hereby repealed.^ An Act making appropriations for the consular and diplomatic ex- penses of the government for the year ending the thirtieth of June, eighteen hundred and sixty .^ [extract.] Salary of con- Sec. 2. And be it further enacted, That Bui general of the Salary provided by the third section 1 Statutes at Large, vol. xi. p. 160. ' Ibid. p. 404. RELATING TO V. S. CONSULAR OFFICERS. 479 of " An act to regulate the diplomatic and British North consular systems of the United States," f^l'^^^' ^^^^' approved August eighteenth, eighteen hundred and fifty-six, as compensation for the consul general of British North America, as by Schedule B, shall be in full of all compensation allowed to that officer ; and all fees received by any vice consul or commercial agent in British North America, exceed- ing the amount allowed by the President as compen- sation for his services, and all fees re- pees, etc., to be ceived by said consul general, shall be ac- accounted for. counted for by such officers, respectively, to the Trea- sury of the United States. Sec. 3. And be it further enacted, That ^^^ ^^^ certify- the fee for certifying invoices, and for cer- ing certain in- tifying the place of growth or production ^°^°^' ^*''' of goods made duty free by the Reciprocity treaty, to be charged by the consul general for the British North American provinces and subprdinate consular officers, or agents in said provinces, shall be fifty cents for each certificate, and no more. Certificate not ' required for And no such certificate of the growth or goods not ex- production shall be required for goods not ?^^'^'r^ ^^°° ■■■ J^ o in value. exceeding in value the sum of two hun- dred dollars.^ Approved March 3, 1859. ' See Opinion of Attorney General, dated July 16, 1860, in relation to the con- struction of these sections, and the meaning of "subordinate consular officers." 480 ACTS OF CONGRESS, AND EXTRACTS THEEEFEOM, An Act making appropriations for the legislative, executive, and judicial expenses of the government for the year ending the thir- tieth of June, eighteen hundred and fifty-eight. [exteact.J Construction of ®^^- ^- '^'^^ ^^ *^ further enacted, That act of 1856 as to all the provisions of the eighth section of conapensation. ^^^ ^^^ entitled, "An act to regulate the diplomatic and consular systems of the United States," approved August eighteenth, eighteen hundred and fifty-six, shall be construed equally to extend to the persons in said eighth section mentioned, who shall have been appointed subsequent to the act entitled " An act to remodel the diplotaatic and consular sys- tems of the United States," approved March the first, eighteen hundred and fifty-five.^ An Act making appropriations for sundry civil expenses of the gov- ernment for the year ending the thirtieth of June, eighteen hundred and fifty-nine. ' [extract.] „ ., Sec. 20. And be it further enacted, That rransit com- ■' ' pensation of all diplomatic and salaried consular offi- r'^ointed "^u^ ^^^® ^^-^^ Were appointed under the act der the act of entitled "An act to remodel the diplo- matic and consular systems of the United States," approved March the first, eighteen hundred and fifty-five, shall have the same compensation during the time necessarily occupied in making the transit to and returning from their respective posts, and while they were receiving their instructions, as is provided * Statutes at Large, vol. xi. p. 220. EELATING TO TJ. S. CONSULAE OFFICERS. 481 for diplomatic and salaried consular officers in the eighth section of the act entitled "An act to regulate the diplomatic and consular systems of the United States," approved August eighteenth, eighteen hun- dred and fifty-six: Provided, That the foregoing shall not be construed to apply to any diplomatic or consular officer who was in office, and at his post of duty, when said act, approved March first, eighteen hundred and fifty-five, took effect, except to allow compensation to such officers during the time necessarily occupied in returning from their respective posts. ^ An Act to carry into effect provisions of the treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, and for other purposes. Be it enacted hy the Senate and House of Bejpresentatives of the United States of con^uk'^invrat- America, in Congress assembled, That, to ed with judicial carry into full effect the provisions of the '^°^^^- treaties of the United States with the empires of China, Japan, and Siam, respectivelj'", the minister and the consuls of the United States, duly appointed to reside in each of the said countries, shall, in addition to other powers and duties imposed upon them, respectively, by the provisions of such treaties, respectively, be in- vested with the judicial authority herein described, which shall appertain to the said office of minister and consul, and be a part of the duties belonging thereto, wherein the same is allowed by treaty. ^ Statutes at Large, vol. xi. p. 328. 61 482 ACTS OF CONGEESS, AND EXTRACTS THEREFROM, Crimes and Sec. 2. And he if further enacted, That misdemeanors, jn regard to crimes and misdemeanors, the said public functionaries are hereby fully em- powered to arraign and try, in the manner herein pro- vided, all citizens of the United States charged with offences against law, which shall be committed in such countries, respectively, and, upon conviction, to sentence such offenders in the manner herein author- ized ; and the said functionaries, and each of them, are hereby authorized to issue all such processes as are suitable and necessary to carry this authority into execution. Civil jurLsdic- ^^c. 3. And he it further enacted, That, *i™- in regard to civil rights, whether of property or person, the said functionaries are hereby invested with all the judicial authority necessary to execute the provisions of such treaties, respectively, Place of juris- ^ud shall entertain jurisdiction in matters diction. Qf contract at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed ; and in all other matters at the port where, or nearest to which,. the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained, any such port above named being always one of the ports at which the United States are represented by consuls ; which jurisdiction shall embrace all controversies between citizens of the United States, or others provided for by such treaties, respectively. Jurisdiction to ^^^- ^^ ^^^ *^ ^^ further enacted. That be exercised in such jurisdiction in Criminal and civil RELATING TO TJ. S. CONSULAR OFFICERS. 483 matters shall, in all cases, be exercised conformity and enforced in conformity with the laws J*''the*Unurd of the United States, which are hereby, states. so far as is necessary to execute such treaties, respect- ively, extended over all citizens of the United States in the said countries (and over all others to the extent that the terms of the said treaties, respectively, justify or require) , so far as such laws are suitable to carry the said treaties into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable reme- dies, the common law, including equity and admiralty, shall be extended in like man- including equi- ner over such citizens and others in the *y ^""^ ^<^'^i- said countries ; and, if defects still remain to be supplied, and neither the common law, including equity and admiralty, nor the statutes of the United States, furnish appropriate and suitable remedies, the ministers in the said countries, respectively, shall, by decrees and regulations which shall Decrees and have the force of law, supply such de- regulations, fects and deficiencies. Sec. 5. And be it further enacted, That in order to organize and to carry into effect the system of juris- prudence demanded by such treaties, respectively, the said ministers, with the advice of the several consuls in each of the said countries, respectively, or so many of them as can be conveniently assembled, shall pre- scribe the forms of all processes which porms of pro- shall be issued by any of said consuls ; ^ess. the mode of executing and the time of returning the same; the manner in which trials shall Trials. 484 ACTS OF CONGEESS, ASTD EXTRACTS THEEEPKOM, be conducted, and how the records thereof shall Oaths. be kept ; the form of oaths for Chris- tian witnesses, and the mode of examin- Costs. ing all other witnesses ; the costs which shall be allowed to the prevailing party, Fees. and the fees which shall be paid for judi- Judiciai offi- cial services to defray necessary expenses ; '=^'^- the manner in which all officers and agents to execute process, and to carry this act into effect, shall be appointed and compensated ; the form of bail bonds, and the security which shall be required of the party who appeals from the decision of a consul ; and generally, without Decrees and further enumeration, to make all such de- regulations, crees and regulations from time to time, how made. i ^i • • j? j.i • j. j.i under the provisions oi this act, as the exigency may demand ; and all such regulations, de- crees, and orders shall be plainly drawn up in writing, and submitted, as above provided, for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto ; and after taking such ad- vice, and considering the same, the minister, in the said countries, respectively, may, nevertheless, by causing the decree, order, or regulation to be pub- lished with his signature thereto, and the opinions of his advisers inscribed thereon, make it to be- come binding and obligatory, until annulled or modi- fled by Congress ; and it shall take effect from the publication or any subsequent day thereto named in the act. RELATING TO U. S. COi^SULAE OFFICERS. 485 Sec. 6. And be it further enacted, That T3 ^ O 1* ^ ^ R RTlfl all such regulations, orders, and decrees, regulations to shall, as speedily as may be after publica- ^^ submitted to tion, be transmitted by the said ministers, with the opinions of their advisers, as drawn up by them severally, to the Secretary of State to be laid be- fore Congress for revision. Sec. 7. And be it further enacted, That -warrants and each of the consuls aforesaid, at the port arrests. for which he is appointed, shall be competent, under the authority herein contained, upon facts within his own knowledge, or which he has good reason to be- lieve true, or upon complaint made, or information filed in writing and authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the country an offence against law ; and when arrested, to arraign and try any such offender ; and upon convic- tion, to sentence him to punishment in the manner herein prescribed; always meting out • ^ , . J.- 1 i Punishment. punishment m a manner proportioned to the offence ; which punishment shall, in all cases, except as is herein otherwise provided, be either fine or imprisonment. Sec. 8. And be it further enacted, That 1 1 .,,. 1 jr J.1 J. ■ 1 Limitation of any consul, when sitting alone for the trial ,„„,^i^, .^^^^ of offences or misdemeanors, shall finally diction in crim- ,.,11 1 j.T_i! • 1 inal cases. decide all cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed sixty days. And there shall be no appeal therefrom ^^^" 486 ACTS OF CONGEESS, AND EXTRACTS THEREFKOM, except as provided in section eleven of this act. But no fine imposed by a consul for a contempt ™^ ■ committed in tlie presence of the court, or for failing to obey a summons from the same, shall exceed fifty dollars, nor shall the imprisonment exceed twenty-four hours for the same contempt. ^ „ Sec. 9. And, he it further enacted, that Extent of con- _ •' suiar jurisdio- whon sitting aloue he may also decide all *^°°- cases in which the fine imposed does not exceed five hundred dollars, or the term of imprison- ment does not exceed ninety days ; but in all such cases, if the fine exceeds one hundred dollars, or the term of imprisonment for misdemeanor exceeds ninety days, the defendants (or any of them, if there be more than one) may take the case, by appeal, ppea . before the minister of the United States, if allowed jurisdiction, either upon errors of law or matters of fact, under such rules as may be prescribed by the minister for the prosecution of appeals in such cases. Sec. 10. And be it further enacted, That When associ- _ "^ ates are to be whenever, in any case, the consul shall be appointed. ^^ opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or whenever he shall be of opinion that a severer punishment than those above specified will be required, he shall, in either case, summon one or Mode of ap- more citizens of the United States, not pointment. exceeding four in number, taken by lot from a list of individuals which shall have been sub- mitted previously to the minister for his approval, but in capital cases not less than four, who shall be per- RELATING TO V. S. CONSULAR OFFICEES. 487 sons of good repute and competent to the duty, to sit with him in the trial, and who, after so sitting upon the trial, shall each enter upon the record his judgment and opinion, and sign the same. The consul shall, how- ever, give judgment in the case; but if his decision is opposed by the opinion of one or more of his associates, the case, without further proceedings, together with the evidence and opinions, cases to the shall be referred to the minister for his United statea „,-.,.. . , , . minister. final adjudication, either by entering up judgment therein, or remitting the same to the consul, with instructions how to proceed therewith ; but in all such cases, except capital offences, if the consul and his associates concur in opinion, the decision Decision, when shall be final, except as is -provided in ^^^• section nine of this act. Sec. 11. And be it further enacted, That Extent of civil the consuls aforesaid, and each of them, jurisdiction. at the port for which he is appointed, shall have juris- diction, as is herein provided, in all civil cases arising under such treaties, respectively, wherein the damage demanded does not exceed the sum of five hundred dollars ; and if he sees fit to decide the same without aid, his decision thereon shall be final ; but if, in his judgment, any case involves legal perplexities, and assistance will be useful, or if the damage demanded exceeds five hundred dollars, in either such case it shall be his duty to summon to his aid, Appointment from a list of individuals which shall have °^ associates. been nominated for the purposes of this act to the minister and received his approval, not less than two nor more than three citizens of the United States, 488 ACTS OF CONGRESS, AND EXTKACTS THEREFROM, if such are residing at the port, of good repute and competent to the duty, who shall with him hear any Decision, when such caso ; and if the consul and his asso- *°^- ciates concur in opinion, the judgment shall be final; but if the associates, or any of them, differ from the consul, the opinions of all shall be noted on the record, and each shall subscribe his name to his assent to or dissent from the consul, with such reasons therefor as he thinks proper to assign, and Appeal to min- either party may thereupon appeal, under ister. gmjjj regulations as may exist, to the min- ister ; but if no appeal is lawfully claimed, the decis- ion of the consul shall be final and conclusive. Evidence to be ^^^- ^^- -^'nd be it further enacted, TldSit taken in writ- in all casos,- Criminal and civil, the evi- ^"^' dence shall be taken down in writing in open court, under such regulations as may be made for that purpose ; and all objections to the competency or character of testimony shall be noted, with the ruling in all such cases, and the evidence shall be part of the case. Jurisdiction of Sec. 13. And be it further enacted, That minister. the minister of the United States in the country to which he is appointed shall, in addition to his power to make regulations and decrees, as herein provided, be fully authorized to hear and decide all cases, criminal and civil, which may come before him, by appeal, under the provisions of this act, and to issue all processes necessary to execute the power con- ferred upon him ; and he is hereby fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he RELATING TO V. S. CONSULAR OFFICERS. 489 thinks justice will be promoted thereby ; and he may also prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon justifiable grounds. Sec. 14. And be it further enacted, That „ . , •^ _ _ Punishments. in all cases, except as is herein otherwise provided, the punishment of crime provided for by this act shall be by fine or imprisonment, or both, at the discretion of the functionary who decides the case, but subject to the regulations herein contained, and such as may hereafter be made. It shall, however, be the duty of each and every functionary to allot punishment according to the magnitude and aggrava- tion of the offence ; and all who refuse or neglect to comply with the sentence passed upon ^ ^ •' -^ -^ imprisonment. them shall stand committed until they do comply, or are discharged by order of the consul, with the consent of the minister in the country. Sec. 15. And be it further enacted, That „ . , _, •' _ _ Capital onences. murder and insurrection, or rebellion against the government of either of the said countries, with intent to subvert the same, shall be capital of- fences, punishable with death ; but no person shall be convicted of either of said crimes unless the consul and his associates in the trial all concur in opinion, and the minister also approves of the con- „ . . ^ ^ Conviction. viction ; but it shall always be lawful to convict one put upon trial for either of these crimes, of a lesser offence of a similar character, if the evidence justifies it; and, when so convicted, to punish, as for other offences, by fine or imprisonment, or both. 62 490 ACTS OF CONGEESS, AND EXTRACTS THEEEFKOM, ^ . Sec. 16. And be it further enacted. That Execution. ■' whenever any one shall be convicted of either of the crimes punishable with death, as afore- said, in either of the said countries, it shall be the duty of the minister to issue his warrant for the exe- cution of such convict, appointing the time, place, and manner ; but if the said minister shall be satisfied Postponement ^^^^ ^^ ©nds of public justico demand it, of execution. jjg may, from time to time, postpone such execution ; and if he finds mitigatory circumstances Ca^ewhentobe ^l^ich may authorize it, may submit the submitted to the casB to the President of the United States President. « , for pardon. ^ ,. . , , Sec 17. And he it further enacted, That Judicial fees. _ ... it shall be the duty of the minister in each of the said countries to establish a tariff of fees for judicial services, which shall be paid by such parties, and to such persons, as said minister shall direct; and Payment of ex- the proceeds shall, as far as is necessary, penses. ijg applied to defray the expenses incident to the execution of this act; and regular accounts, Accounts to be l>oth of receipts and expenditures, shall ^^P'- be kept by the said minister and consuls, and transmitted annually to the Secretary of State. Amicable ad- Sec. 18. And he it further enacted, That, justments. \^ ^ Criminal cases which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the minister in the country or consul, to adjust and settle the same among themselves, upon pecuniary or other considerations. KELATING TO U. S. CONSULAR OFPICEES. 491 Sec. 19. And be it further enacted, That „ , '' ' _ Settlement of it shall be the duty also of the said minis- controversies ters and the consuls to encourage the set- ^^ mutual ° agreement. tlement of controversies of a civil character by mutual agreement, or to submit them to the decision of referees agreed upon by the parties, a majority of whom shall have power to decide the matter. And it shall be the duty of- the minister in each country to prepare a form Form of sub- of submission for such cases, to be signed ""ssion. by the parties, and acknowledged before the consul ; and when parties have so agreed to refer, the referees may, after suitable notice of the time and Trial before place of meeting for the trial, proceed ex ""eferees. jaarte, in case either party refuses or neglects to appear; and, after hearing any case, may deliver their award, sealed, to the consul, who, in court, shall open the same ; and if he accepts it, he shall endorse the fact, and judgment shall be rendered thereon, and execution issue in compliance ^ with the terms thereof : Provided, however, That the parties may always settle the same before return thereof is made to the consul. Sec. 20. And be it further enacted, That ^-ppiication to the ministers aforesaid and consuls shall ipcai authori- be fully authorized to call upon the local authorities to sustain and support them in the exe- cution of the powers confided to them by said treaty, and on their part to do and perform whatever is neces- sary to carry the provisions of said treaties into full effect, so far as they are to be executed in the said countries, respectively. 492 ACTS or congress, and extracts therefrom, Criminal juris- ^^^- ^^- ■^'"'^ ^^ it further enacted, That diction in Tur- the provisions of this act, so far as the ^^' same relate to crimes and offences com- mitted by citizens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty,^ and shall be executed in the Ottoman dominions, in con- formity with the provisions of said treaty, and of this act, by the minister of the United States and the con- suls of the United States [appointed] to reside therein, who are hereby ex officio vested with the powers herein conferred upon the minister and consuls in China, for the purposes above expressed, so far as regards the punishment of crime, and also for the exercise of Jurisdiction in jurisdiction in civil cases wherein the civil cases. same is permitted by the laws of Turkey, or its usages in its intercourse with the Franks or other foreign Christian nations.^ Words "min- ^^^- ^^- -^""^ ^^ it further enacted, That ister"and"con- the word minister, when used in this act,' shall be understood to mean the person invested with, and exercising, the principal diplomatic functions in each of the countries mentioned in the first section of this act. The word consul shall be understood to mean any person invested by the United States with, and exercising, the functions of consul gen- eral, vice consul general, consul, or vice consul, in any of the countries herein named. And if fuituiT/cri- ^* anytime there be no minister of the tai in the ab- United States in either of the countries 1 See Statutes at Large, vol. viii. pp. 408, 409. 2 See Opinions of the Attorneys General, vol. vii. pp. 495, et seq. 565-471. RELATING XO U. S. CONSULAR OFFICERS. 493 hereinbefore mentioned, the judicial du- sence of the ties which are imposed by this act upon """"^ ^'" the minister shall devolve upon the consul general or consul residing at the capital of the country, who is hereby authorized and required to discharge the same. Sec. 23. And he it further enacted, That judicial re- all such officers shall be responsible for sponsibiiity. their conduct to the United States, and to the laws thereof, not only as diplomatic or consular function- aries, respectively, but as judicial officers, when they perform judicial duties, and shall be held liable for all negligences and misconduct as public officers. Sec. 24. And he it further enacted, That capital ca^es to capital cases for murder or insurrection i>e tried before , , 1 J. J? -ii J? ii the minister. against the government or either oi the countries hereinbefore mentioned, by citizens of the United States, or for offences against the public peace amounting to felony under the laws of the United States, may be tried before the minister of the United States in the country where the offence is committed if allowed jurisdiction ; and it shall be competent for each of the said ministers to issue all ^ , . issue of writs. manner of writs, to prevent the citizens of the United States from enlisting in the Foreign eniist- military or naval service of either of the ™ " said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any other portion of the same people ; and he may carry out this power by a resort to such force as may at the time be within his reach, belong- ing to the United States. 494 ACTS OF CONGRESS, AND EXTRACTS THEEEFROM, Appointment of ^EC. 25. And be it further enacted, That marshals. the President be, and he is herebj, author- ized to appoint marshals for such of the consular courts in the said countries as, he may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars per annum, in addition to the fees allowed by the regulations of the said ministers, respectively, in the said Duties of mar- countries ; and it shall be the duty of the said marshals, respectively, to execute all process issued by the minister of the United States in the said countries, respectively, or by the consul at the port at which they reside, and to make due return of the same to the of&cer by whom the same was issued, and to conform, in all respects, to the regulations pre- scribed by the said ministers, respectiAJ^ely, in regard Bonds to be ^0 their duties. And the said marshals gi^^°- shall give bond for the faithful perform- ance of the duties of the office, before entering upon the duties of the same, which bond shall ^"^ ^' be in a penal sum not to exceed ten thousand dollars, with two sureties to be approved by Disposition of ^^ Secretary of State of the United States ; bond. and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the minister. And in Suits upon case any person aggrieved by the mis- bonds, conduct of any of the said marshals should desire to bring suit upon any of the said bonds, it shall be the duty of the Secretary of the Treasury, or the RELATING TO TJ. S. CONSULAR OFFICERS, 495 minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and certified suit may be brought and prosecuted with the same effect as could be done upon the original : Provided, That upon a plea of non est factum, verified upon oath, or any other good cause shown, the court production of or the consul or minister trying the cause ^°'^^- may require the original to be produced ; and when so required, it shall be the duty of the Secretary of the Treasury to forward the original bond to the court or consul or minister requiring the same : „ , , , ^ ° Probable cause And provided, further. That before a copy of action to be of any such bond shall be furnished for ^'^°^°" suit, it shall be the duty of the Secretary of the Treasury, or the minister to whom the application is made, to require prima facie proof, to be judged of by the Secretary of the Treasury or the minister having charge of the copy, that there is probable cause of action against the marshal making the '-' '-' Appointment of bond: And provided, further, That all special mar- rules, orders, writs, and processes of every ^^^'^' kind which are intended to operate or be enforced against any of the said marshals, in any of the countries named in this act, shall be directed to and executed by such person as may be appointed for that purpose by the minister or consul issuing the same. Sec. 26. And be it further enacted, That jjent of prisons the President be, and is hereby, author- ^ ^e allowed. ized to allow, in the adjustment of the accounts of each of the said ministers or consuls, the actual ex- penses of the rent of suitable buildings, or parts of 496 ACTS OF CONGKESS, AND EXTRACTS THEEEFEOM, buildings, to be used as prisons for American convicts in the said countries, not to exceed in any case tbe rate of six hundred dollars a year ; and also "Wages of keep- ers. the wages of the keepers of the same, and Care of offend- for the caro of offenders, not to exceed, in ers. any case, the sum of eight hundred dollars Number of per annum, and provided th^t no more prisons. ^^^^ ^^^ prison shall be hired in Japan, four in China, one in Turkey, and one in Siam, at such port or ports as the minister, with the sanction of the President, may designate. Sec. 27. And be if further enacted, That Jurisdiction of , . . . ministers, origi- the jurisdiction of the respective ministers nai and appei- jj^ ^]^q countries hereinbefore named, where late. .11 1 • n the same is allowed by treaty, m all mat- ters of civil redress or of crimes, except in the cases mentioned in the twenty-fourth section, shall be appel- late only, and to be exercised wherever in the said -.,.,. . countries they may be, respectively, ex- Jurisdiction oi ./ •/ ; j. j j minister when cept also in cases where a consular officer the consul is ^-^^^l happen to be interested either as interested as a J- J- witness or party or witness, in which case original party. jurisdiction is vested in the said ministers, respectively. Suits and dig- Sec. 28. And he it further enacted, That putes in Persia, ^j^g provisions of this act be and the same are hereby extended to Persia, in respect to all suits and disputes which may arise between citizens of the United States therein; and the minister and consuls who may be appointed to reside in Persia are hereby invested, in relation to the said suits and disputes, with such powers as are by this act conferred upon RELATING TO TJ. S. CONSULAE OFFICEES. 497 the minister and consuls in China. And all suits and disputes arising in Persia^ between Persian subjects and citizens of the United States shall be Persian tribu- carried before the Persian tribunal, to '"'•• which such matters are usually referred, at the place where a consul or agent of the United States may reside, and shall be discussed and decided according to equity, in the presence of an employ^ of the consul or agent of the United States : and it shall ^ " Duty of consul. be the duty of the consular officer to attend the trial in person, and see that justice is administered. And all suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers, shall be tried and ^ ^. . " ^ _ _ _ Intermediation adjudicated by the intermediation of their of ministers respective ministers or consuls, in accord- ^^ _consui3 m ance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being and the ministers of such foreign powers, respectively, which regulations shall, from time to time, be submitted to the Secretary of State of the United States. Sec. 29. And be if further enacted, That jurisdiction in the provisions of this act, so far as the the Barbary ■ States same are in conformity with the stipula- tions in the existing treaties between the United States and Tripoli, Tunis, Morocco, and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the said treaties, ' Treaty with Persia, see Statutes at Large, vol. xi. pp. 709-711. Treaties with the Barbary States and Muscat, see Statutes at Large, vol. viii. pp. 154, 214, 157, 298 ; 100, 484, 458. 63 498 ACTS OF CONGRESS, AND EXTRACTS THEREFROM, and of the provisions of this act, by the consuls ap- pointed by the United States to reside therein, who are hereby, ex officio, invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in the first section of this act, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of, the said countries in their intercourse with the Franks or other foreign Christian nations. Jurisdiction of ^^^- ^^- ■^'"'^ ^^ it further enacted, That consuls and the cousuls and commercial agents of the IgertTin'^cer- United States at islands or in countries tain islands and not inhabited by any civilized people, or les. recognized by any treaty with the United States, be and the same are hereby authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt and damages do not exceed the sum of one thousand dollars, exclusive of costs ; and upon full hearing of the allegations and evidence of both parties, to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. And the said consuls and commercial agents, respectively, are hereby invested with the powers conferred by the provisions of the seventh and eighth sections of this act for trial of offences or misdemeanors.^ ' Opinions of the Attorneys General, vol. viii. pp. 345-349, 380-386. RELATING TO IT. S. CONSIJLAK OFFICEES. 499 Sec. 31. And be it further enacted, That Marriages by a all marriages in the presence of any con- consular offi- sular officer in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, shall have the same force and effect, and shall be valid to all intents and pur- poses, as if the said marriage had been solemnized within the United States. And in all cases of mar- riage before any consular officer, the said consular officer shall give to each of the parties a certificates of certificate of such marriage, and shall marriages, also send a certificate thereof to the Department of State, there to be kept ; which certificate shall specify the names of the parties, their ages, places of birth, and residence.^ Sec. 32. And be it further enacted, That Kepeaiing sec- all acts and parts of acts inconsistent with tio". the provisions of this act shall be, and the same are hereby, repealed. Sec. 33. And be it further enacted, That Act when to this act shall take effect on the first day ^"^^ ®^®^'- of July, eighteen hundred and sixty .^ Appeoved June 22, 1860. 1 Opinions of the Attorneys General, vol. vii. pp. 18, 32, 342, 349. ^ Treaties were negotiated with China July 3, 1844 (see Statutes at Large, vol. viii. p. 592), and June 18, 1858, and Conventions November 8, 1858, Statutes at Large, vol. zii. pp. 1023-1030. Treaties were negotiated with Japan March 31, 1854, and June 17, 1857 (see Statutes at Large, vol. xi. pp. 597, 598, and 723, 724), and July 29, 1858, Statutes at Large, vol. xii. pp. 1051-1068. A treaty was negotiated with Persia December 13, 1856 (see Statutes at Large, vol. xi. pp. 709, 711). Treaties were negotiated with Siam March 20, 1833 (see Statutes at Large, vol. viii. pp. 454, 455), and May 29, 1856 (see Statutes at Large, vol. xi. pp. 683, 689). 500 ACTS OF CONGEESS, AND EXTEACTS THEEEFEOM, As Act to increase the consular representation of the United States during the present insurrection.' Se it enacted by the Senate and House of Consuls may . /• i tt • i ci j- be appointed Bepresentatives of the Umted otates of for certain for- AmeHca, in Congress assembled, That the eign po . President of the United States may, by and with the advice and consent of the Senate, ap- point consuls at any foreign ports where he shall deem it advisable, for the purpose of preventing piracy, with such compensation, not ex- ceeding fifteen hundred dollars per an- num, as he shall think proper ; to hold their offices, respectively, during the pleasure of the President, and in every case such compensation to cease with the restoration of internal peace within the United States. Pay of certain ^^^ ^^^ President may, during the pre- consuis may be sent insurrectiou, increase the compensa- mcrease . ^.^^ ^^ ^^^ consuls in foreign ports, if he shall deem it necessary, so as not, however, to exceed the sum of fifteen hundred dollars in any case. But Power when this power • shall cease with the re-esta- to cease. blishmeut of internal peace as aforesaid.^ Appeoved August 2, 1861. ^ See Statutes at Large, vol. xii. p. 285. 2 See modification of this act by the first section of the "Act making appro- priations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-three, and additional appropriations for the year ending thirtieth June, eighteen hundred and sixty- two," Statutes at Large, vol. xii. p. 336. RELATING TO U. S. CONSULAK OFFICEES. 501 An Act to reduce consular fees for vessels running to or between foreign ports.' Be it enacted hy the Senate and House ^ '' Uonsular tees of Representatives of the United States of for certain ves- America, in Congress assembled, That ^^^' American vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year, anything in the law or regulations respecting consular fees to the contrary notwithstanding.^ Appeoved August 5, 1861. An Act making appropriations for the consular and diplomatic ex- penses of the government for the year ending thirtieth June, eighteen hundred and sixty-three, and additional appropriations for the year ending thirtieth June, eighteen hundred and sixty- two. [extracts.] Be it enacted, etc. ri: :}: Ki :}: H: ^ ^ For compensation to an interpreter to „ , ^ '■ salary oi inter- the consulate at Kanagawa, fifteen hun- preter at Kana- dred dollars. eawa. iH ^ H: ^ ^ :^ H: And the salary of the consul at Bremen g^iary of con- shall be three thousand dollars, to com- sui at Bremen. mence on the first day of January, eighteen hundred and sixty-two ; and the consul at Pictou (Nova Scotia) shall receive a salary of ' Statutes at Large, vol. xii. p. 315. 2 See Tariff of Fees, Nos. 99 and 100. 502 ACTS OF CONGKESS, AND EXTEACTS THEEEFKOM, fifteen hundred dollars, to commence on the first day of January, eighteen hundred and sixty-two ; and the salary of the consul at Swatow shall be thirty-five hundred dollars, to commence on the twenty-first day of September, eighteen hundred and sixty ; and the consul at Port Mahon shall receive a salary of fifteen hundred dollars : Provided, That all consular ofii- Consular offi- , , . , . , whose cers whose respective salaries exceed one cers salaries exceed thousaud dollars per aunum shall be engage in mer- subject to the provisions of the fifth cantiie busi- section of the act to regulate the diplo- matic and consular systems of the United States, approved August eighteen, .eighteen hundred and fifty-six ; and their respective consulates shall be included in Schedule B, of the list of salaried con- sulates : And provided, further, That no appointment of consuls shall hereafter be made, nor the compensa- tion of consuls raised, under the act of August t^^=o, eighteen hundred and sixty-one, except to the places herein mentioned. And the consul at Burat" N^w- Newcastle-upon-Tyne shall receive a castie-upon- salary of fifteen hundred dollars per annum, commencing on the first day of January, eighteen hundred and sixty-two. ******* Interpreters in For interpreters to the consulates in China. China, four thousand five hundred dollars. Marshals in ^or Salaries of the marshals for the con* consular courts, gular courts in Japan, China, Siam, and Turkey, seven thousand dollars. RELATING TO U. S. CONSULAE, OFFICEES. 503 For rent of prisons for American con- prisons in Ja- victs in Japan, China, Siam, and Turkey, p^"^' etc. and for wages of the keepers of the same, nine thou- sand dollars. Sec. 2. And he it further enacted, That Appropriation the following sums be and the same are ^^ 1862. hereby appropriated for the service of the year ending the thirtieth June, eighteen hundred and sixty-two, namely : For compensation and increased salaries ^ ^ Increased pay to sundry consuls, under the act of second to certain coii- August, eighteen 'hundred and sixty-one, ®"^^' fifty-four thousand one hundred and eleven dollars and ninety-seven cents. Approved February 4, 1862. An Act to prohibit the " coolie trade" by American citizens in American vessels.^ JBe it enacted by the Senate and House of ^^ "^ _ '' No citizen or Representatives of the United States of resident of the America, in Congress assembled, That no ^^'^^ ^^^'^ ' -J > snail prepare citizen or ' citizens of the United States, any vessel to n . • ■ i • T -J.! procure from or foreigner coming into or residing with- q^^^^ coolies in the same, shall, for himself or for any '« ^e trans- other person whatsoever, either as master, factor, owner, or otherwise, build, equip, load, or other- wise prepare, any ship or vessel, or any steamship or steam-vessel, registered, enrolled, or licensed, in the ' See Resolution of the Senate, January 16, 1867, and instructions of Hon. William H. Seward, Secretary of State, January 17, 1867, in reference to the coolie tiaiEc. 504 ACTS OF CONGEESS, AND EXTRACTS THEREFROM, United States, or any port within the same, for the purpose of procuring from China, or from any port or place therein, or from any other port or place, the inhabitants or subjects of China, know7?as " coolies," to be transported to any foreign country, port, or place whatever, to be disposed of, or sold, or transferred, for any term of years or for any time whatever, as ser- vants or apprentices, or to be held to service or labor. Any vessel -^^^ ^^ ^^J ^^^P ^^ vcsscl, steamship or owned by citi- steam- vossol, belonging in whole or in zens of the Uni- . . . ted States in part to citizous 01 the United States, and whole or m registered, enrolled, or dtherwise licensed part so employ- ° ed shau be for- as aforesaid, shall be employed for the ^^'^^' said purposes, or in the " coolie trade" so called, or shall be caused to procure or carry from China or elsewhere, as aforesaid, any sub- jects of the government of China, for the purpose of transporting or disposing of them as aforesaid, every such ship or vessel, steamship or steam-vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district where the said ship or vessel, steamship or steam-vessel, may be found, seized, or carried, , ... Sec. 2. And he it further enacted, That ing, equipping, every persou who shall so build, fit out, any'^^ch^'vls- ^<1^^P' ^^^^' ^^ othorwiso prepare, or who eel, how pun- shall Send to sea, or navigate, as owner, master, factor, agent, or otherwise, any ship or vessel, steamship or steam-vessel, belonging in RELATING TO U. S. CONSULAR OFFICERS. 505 whole or in part to citizens of the United States, or registered, enrolled, or licensed within the same, or at any port thereof, knowing or intending that the same shall be employed in that trade or business aforesaid, contrary to the true intent and meaning of this act, or in anywise aiding or abetting therein, shall be severally liable to be indicted therefor, and on conviction thereof, shall be liable to a fine not ex- ceeding two thousand dollars and be imprisoned not exceeding one year. Sec. 3. And be it further enacted, That . . ^ 1 XT • Taking coolies if any citizen or citizens of the United on board a ves- States shall, contrary to the true intent ^^ °'^ ''^^"^ and meaning of this act, take on board etc., to dispose of any vessel, or receive or transport any °^ ^^^™> ^°^ such persons as are abOA'^e described in this act, for the purpose of disposing of them as aforesaid, he or they shall be liable to be indicted therefor, and, on conviction thereof, shall be liable to a fine not exceeding two thousand dollars and be im- prisoned not exceeding one year. Sec. 4. And be it, further enacted, That nothing in this act hereinbefore contained ^^^ "°y^ shall be deemed or construed to apply to voluntary emi- nr, , <• 1 1 J. • gration of the or affect any free and voluntary emigra- cMnese tion of any Chinese subject, or to any ves- sel carrying such person as passenger on board the same: Provided, however. That a permit or consular certi- certificate shall be prepared and signed ficate required -,, 1 1 i^iiin such case. by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name 61 606 ACTS OF CONGEESS, AND EXTRACTS THEBEFEOM, of such person, and setting forth the fact of his voluntary emigration from such port or place, which certificate shall be given to the master of such vessel ; but the same shall not be given until such consul or consular agent shall be first personally satisfied by evidence produced of the truth of the facts therein contained. ^ . . , Sec. 5. And be it further enacted. That irrovisions of '' acts relating to all the provisious of the act of Congress passengers in approved February twenty-second, eigh- merchant ves- '■ ^ •' '' . seLs to apply to tccu hundred and forty-seven, entitled such vessels d^jj ^^^^ ^^ regulate the carriage of pas- carrying pas- ° ox sengers be- sengers in merchant vessels," and all the *^!1° ^°''^'g" provisions of the act of Congress approved March third, eighteen hundred and forty- nine, entitled "An act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulation thereof," shall be extended and shall apply to all vessels owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed within the United States, propelled by wind or by steam, and to all masters thereof, carrying passengers or intending to carry passengers from any foreign port or place with- out the United States to any other foreign port or place without the United States ; and that all penalties and forfeitures provided for in said act shall apply to ves- sels and masters last aforesaid. President mav ^^^- ^- '^''^ ^^ ^^ further enacted, That order vessels of the President of the United States shall war to examine -^ ^^ -^q jg hereby authorized, and em- vessels sup- ' •' ' posed to have powered, in such way and at such time as RELATING TO TJ. S. CONSULAR OFFICERS. 507 he shall judge proper to the end that the "coolies" on provisions of this act may be enforced ac- ^°^^' cording to the true intent and meaning thereof, to direct and order the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, and registered, enrolled, • or licensed under the laws of the United States, wher- ever they may be, whenever, in the judgment of such master or commanding officer thereof, reasonable cause shall exist to believe that such vessel has on board, in violation of the provisions of this act, any subjects of China known as " coolies," for the purpose of trans- portation ; and upon sufficient proof that j^ ^^^ ^^^^ ^ such vessel is employed in violation of employed in .^ . • J? ii • J. J. 1 violation of this the provisions of this act, to cause such ^^ j^ ^^ ^^ ^^ vessel to be carried, with her officers and sent to the crew, into any port or district within the °^** ^^^' United States, and delivered to the marshal of such district, to be held and disposed of according to the provisions of this act. Sec. 7. And be it further enacted, That when act to this act shall take effect from and after six *^^ ^^^'='- months from the day of its passage. Approved February 19, 1862. An Act to authorize the President of the United States to appoint diplomatic representatives to the Republics of Hayti and Liberia, respectively. Be it enacted hy the Senate and House of Diplomatic rep- Bepresentatives of the United States of resentatives to 508 ACTS OF CONGRESS, AND EXTRACTS THEREFROM, Hayti and li- America, in Congress assembled, That the bena. President of the United States be and he hereby is authorized, by and with the advice and con- sent of the Senate, to appoint diplomatic represent- atives of the United States to the Republic of Hayti and Liberia, respectively. Each of the said repre- sentatives so appointed shall be accredited as commissioner and consul general, and' shall receive the compensation of commissioners, ac- cording to the act of Congress approved August eigh- teen, eighteen hundred and fifty-six: Provided, That the annual compensation of the repre- sentative at Liberia shall not exceed four thousand dollars. Approved June 5, 1862. An Act to provide internal revenue to support the governmentj and to pay interest on the public debt. [extract.] Issue of pass- Sec. 87. And be it further enacted, That P°'^^- for every passport issued from the office of the Secretary of State after the thirtieth day of June, eighteen hundred and sixty-two, there shall be paid the sum of three dollars, which amount may be paid to any collector appointed under this act, and his receipt therefor shall be forwarded with the applica- tion for such passport to the office of the Secretary of State or any agent appointed by him. And the col- lectors shall account for all moneys received for pass- ports in the manner hereinbefore provided. And a RELATING TO U. S. CONSTJLAK OFFICERS. 509 like amount shall be paid for every passport issued by any minister or consul of the United States, who shall account to the Treasury. Approved July 1, 1862. An Act increasing, temporarily, the duties on imports, and for other purposes.' [exteact.I Sec. 17. And he it further enacted, That ■t K ^ f 1 cTvT 1 After Nov. 1, from and after the first day of JNovember, i862, no goods eighteen hundred and sixty-two, no goods, *° ^^ admitted to entry, unless wares, or merchandise subject to ad the invoice is valorem or specific duty, whether belong- ■verified by ing to a person or persons residing in the United States or otherwise, or whether acquired by the ordinary process of bargain and sale, or otherwise, shall be admitted to entry, unless the invoice of such goods, wares, or merchandise be verified by the oath of the owner or one of the owners, or in the absence of the owner, one of the party who is authorized by the owner to make the shipment and sign the invoice of the same, certifying that the invoice oath to certify annexed contains a true and faithful '"^^^■ account, if subject to ad valorem duty and obtained by purchase, of the actual cost thereof, and of all charges thereon, and that no discounts, bounties, or drawbacks are contained in the said invoice but such as have 1 See Circular No. 17, July 14, 1862. The provisions of this act have been modified by those of subsequent acts, more especially those of March 3, 1863, and March 2, 1867. Statutes at Large, vol. xii, pp. 737, 738, and Session Statutes, 2d Session, Thirty-ninth Congress, pp. 559, 560. 510 ACTS OF CONGEESS, AND EXTKACTS THEKEFKOM, actually been allowed on the same; and when con- signed or obtained in any manner other than by pur- chase, the actual market value thereof, and if subject to specific duty, of the actual quantity thereof; which By whom ad- ^aid oath shall be administered by the ministered. cousul or Commercial agent of the United States in the district where the goods are manufac- tured, or from which they are sent ; and if there be no consul or commercial agent of the United States in the said district, the verification hereby required shall be made by the consul or commercial agent of the United States at the nearest point, or at the port from which the goods are shipped, in which case the oath shall be administered by some public officer, duly authorized to administer oaths, and transmitted with a copy of the invoice to the consul or commercial agent for his au- thentication ; and this act shall be con- This act modi- , iij. tj? ii iji fies, and does ^trued ouly to modify, and not repeal, the not repeal, act act of March first, eighteen hundred and twenty -three, entitled "An act supple- mentary to, and to amend, an act entitled 'An act to regulate the collection of duties on imports and ton- nage,' passed second March, one thousand seven hun- dred and ninety-nine, and for other purposes," and the forms of the oaths therein set forth shall be modified accordingly. And there shall be paid to the said con- sul, vice consul, or commercial agent, by the person or persons by or in behalf of whom the said invoices are presented and deposited, one dollar for Consular fees. , , . . • ^ ■, ■, . , each and every invoice verified, which shall be accounted for by the' oflBcers receiving the same, -in such manner as is now required by the laws EELATING XO TJ. S. CONSULAR OFFICEES. 511 regulating the fees and salaries of ' consuls and com- mercial agents : Provided, That nothing „ . 1 . . , , Reciprocity herein contained shall be construed to re- treaty with quire for goods imported under the Reci- ^^^^^ Britain. procity treaty with Great Britain, signed June fifth, eighteen hundred and fifty-four, any other consular certificate than is now required by law : And provided further, That the provisions go^^g ^^^^ ^^. of this section shall not apply to invoices yond the Cape £ J ^ ^ ^• • j.iOf Good Hope. 01 goods, wares, and merchandise, imported into the United States from beyond Cape Horn and the Cape of Grood Hope, until the first day of April, one thousand eight hundred and sixty- „ . ° '' Jfroviso where three : And ^provided further, That the there is no con- provisions of this section shall not apply ^"^' ^^' to countries where there is no consul, vice consul, or commercial agent of the United States. Sec. 18. And he it further enacted, That consuls to re- from and after the date aforesaid it shall port fraudulent be the duty of consuls and commercial P''^'^'''®^- agents of the United States, having any knowledge or belief of any case or practice of any person or per- sons who obtain or should obtain verification of in- voices as described in the preceding section, whereby the revenue of the United States is or may be de- frauded, to report the facts to the collector of the port where the revenue is or may be defrauded, or to the Secretary of the Treasury of the United States. Sec. 19. And be it further enaeted. That Amendment of from and after the passage of this act the ^'^^ °^ ^^'^^■ act entitled "An act to provide for the payment of outstanding Treasury notes, to authorize a loan, to 512 ACTS OF CONGKESS, AND EXTRACTS THEREFEOM, regulate and fix the duties on imports, and for other purposes," approved March two, eighteen hundred and sixty-one, be and the same is hereby amended as follows, that is to say : First, in section twelve, before the word "eighteen," where it first occurs, strike out "less than;" second, in section twenty -three, after th« words " artists residing abroad," strike out " provided the same be imported in good faith as objects of taste and not of merchandise," and insert "provided the fact, as aforesaid, shall be certified by the artist, or by a consul of the United States ;" and in the same sec- tion, before the word "orpiment," insert "ores of gold and silver." Approved July 14, 1862. An Act to further provide for the collection of the revenue upon the northern, northeastern, and northwestern frontiers, and for other purposes.^ [exteact.] ^ , , ^ Sec. 3. And be it further enacted. That troodsunderRe- '' ' ciprocity treaty goods imported Under the Reciprocity may be entered ^^^^. ^j^j^ q.^^^^ Britain may be en- at any port on -^ •' northern, etc., tered at any port on the northern, north- frontier, eastern, and northwestern frontiers of the United States, upon satisfactory evidence being given to the collector at the port where such goods are offered for entry, that they are of the growth or pro- duction of Canada, without the consular certificate now required. 1 See Circular No. 17, July 31, 1862. EELATING TO U. S. CONStJLAK OFFICEES. , 513 Sec. 4. And be it further enacted, That pees for such for every entry of goods at any custom- entry. house on the northern, northeastern, and northwestern frontiers of the United States, a fee of forty cents shall be charged by the collector, and accounted for to the government. Approved July 14, 1862. An Act making appropriations for the consular and diplomatic expenses of the government for the year ending June thirtieth, eighteen hundred and sixty-four. Approved February 4, 1863. * , and the salary of the consul g^j^^^ „f ^„„. at Gruaymas shall be fifteen hundred dol- sui at Guay- lars per annum, to commence on the fifth "^^' day of August, eighteen hundred and sixty-one. An Act making appropriations for sundry civil expenses of the government for the year ending June thirty, eighteen hundred and sixty-four, and for the year ending the 30 [th] of June, 1863, and for other purposes. Approved March 3, 1863. Sec. 23. And be it furtJier enacted, That Passports, to so much of the act approved the eigh- ^hom granted, teenth of August, eighteen hundred and i856, ch. 127, fifty-six, entitled "An act to regulate the ^°'- ^'- ?• ^^■ diplomatic and consular systems of the United States." as prohibits the granting of passports to any other than citizens of the United States, shall be, and is hereby repealed, so far as that prohibition may em- 65 514 ACTS OF CONGKESS, AND EXTRACTS THEKEFEOM, brace any class of persons liable to military duty by the laws of the United States. Sec. 24. And be it further enacted, That Trhiidra de the President of the United States be, Cuba may be and he is hereby, authorized, whenever discontinued. .,.., ,,, ii--i i_ m his judgment the public interest may so require, to discontinue the consulate of the United Consul at aen- States at Trinidad de Cuba, and to ap- ftiegos. point at Cienfuegos, in that island, a con- sul with the same salary and emoluments as those now allowed by law to the consul at Trinidad de Cuba. An Act to prevent and punish frauds upon the revenue, to provide for the more certain and speedy collection of claims in favor of the United States, and for other purposes.' Be it enacted hy the Senate and House of Represent- atives of the United States of America, in Congress as- sembled. That from and after the first day of July, eighteen hundred and sixty- three, all invoices of goods, wares, and merchandise imported from any foreign country into the United States shall be made in tripli- cate, and signed by the person or persons owning or shipping said goods, wares, or merchandise, if the same have actually been purchased, or by the manufacturer or owner thereof, if the same have been procured other- wise than by purchase, or by the duly authorized agent of such purchaser, manufacturer, or owner ; and said invoices shall, at or before the shipment thereof, be produced to the consul, vice consul, or commercial agent of the United States nearest the place of ship- ' See Statutes at Large, vol. xii. pp. 737, 738. RELATING TO U. S. CONSULAR OFFICERS. 515 ment for the use of the United States, and shall have endorsed thereon, when so produced, a declaration signed by said purchaser, manufacturer, owner, or agent, setting forth that said invoice is in all respects true ; that it contains (if the goods, wares, and mer- chandise mentioned therein are subject to ad valorem duty, and were obtained by purchase) a true and full statement of the time when and the place where the same were purchased, and the actual cost thereof, and of all charges thereon ; and that no discounts, bounties, or drawbacks are contained in said invoice but such as have actually been allowed thereon; and when obtained in any other manner than by purchase, the actual market value thereof at the time and place when and where the same were procured or manufactured ; and if subject to specific duty, the actual quantity thereof; and that no different invoice of the goods, wares, or merchandise, mentioned in the invoice so produced, has been or will be furnished to any one. If said goods, wares, or merchandise have been actually pur- chased, said declaration shall also contain a statement that the currency in which said invoice is made out is the currency which was actually paid for said goods, wares, or merchandise by the purchaser. And the person so producing said invoice shall at the same time declare to said consul, vice consul, or commercial agent the port in the United States at which it is in- tended to make entry of said goods, wares, or mer- chandise; whereupon the said consul, vice consul, or commercial agent shall endorse upon each of said trip- licates a certificate, under his hand and official seal, stating that said invoice has been produced to him, 516 ACTS OF COIfGEESS, AND EXTKACTS THEEEFKOM, with the date of such production, and the name of the person by whom the same was produced, and the port in the United States at which it shall be the declared intention to make entry of the goods, wares, or mer- chandise therein mentioned. And thereupon the said consul, vice consul, or commercial agent shall deliver to the person producing the same one of said tripli- cates, to be used in making entry of said goods, wares, or merchandise ; shall file another in his office, to be there carefully preserved ; and shall, as soon as prac- ticable, transmit the remaining one to the collector of the port of the United States at which it shall be de- clared to be the intention to make entry of said goods, wares, or merchandise. And no goods, wares, or mer- chandise imported into the United States from any foreign place or country after said first day of July, eighteen hundred and sixty-three, shall be admitted to an entry unless the invoice presented shall in all re- spects conform to the requirements hereinbefore men- tioned, and shall have thereon the certificate of the consul, vice consul, or commercial agent hereinbefore specified, nor unless said invoice be verified at the time of making such entry by the oath or affirmation of the owner or consignee, or the authorized agent of the owner or consignee thereof, certifying that the said invoice and the declaration thereon are in all respects true, and were made by the person by whom the same purports to have been made, nor, except as hereinafter provided, unless the triplicate transmitted by said con- sul, vice consul, or commercial agent to the collector shall have been received by him. And if any such owner, consignee, or agent of any goods, wares, or EELATING TO TJ. S. CONSUL AE OFFICERS. 517 merchandise shall knowingly make, or attempt to make, an entry thereof by means of any false invoice, or false certificate of a consul, vice consul, or commer- cial agent, or of any invoice which shall not contain a true statement of all the particulars hereinbefore re- quired, or by means of any other false or fraudulent document or paper, or of any other false or fraudulent practice or appliance whatsoever, said goods, wares, and merchandise, or their value, shall be forfeited and disposed of as other forfeitures for violation of the revenue laws : Provided, That where, from a change of the destination of any such goods, wares, or mer- chandise, after the production of the invoice thereof to the consul, vice consul, or commercial agent, as hereinbefore provided, or from other cause, the tripli- cate transmitted to the collector of the port to which such goods, wares, or merchandise were originally des- tined, shall not have been received at the port where the same actually arrive, and where it is desired to make entry thereof, said goods, wares, and merchandise may be admitted to an entry on the execution by the owner, consignee, or agent of a bond, with sufficient security, in double the amount of duty apparently due, conditioned for the payment of the duty which shall be found to be actually due thereon. And it shall be the duty of the collector of the port where such entry shall be made immediately to notify the consul, vice consul, or commercial agent, to whom such invoice shall have been produced, to transmit to such collector a certified copy thereof; and it shall be the duty of such consul, vice consul, or commercial agent to trans- mit the same accordingly without delay; and said duty 518 ACTS OF CONGRESS, AND EXTRACTS THEEEFEOM, shall not be finally liquidated until such triplicate, or a certified copy thereof, shall have been received: Pro- vided, That such liquidation shall not be delayed longer than eighteen months from the time of making such entry : And provided, further, That when, from acci- dent or other cause, it shall be impracticable for the person desiring to make entry of any goods, wares, or merchandise, to produce, at the time of making such entry, any invoice thereof, as hereinbefore required, it shall be lawful for the Secretary of the Treasury to authorize the entry of such goods, wares, or merchan- dise, upon such terms and in accordance with such general or special regulations as he may prescribe. And the Secretary of the Treasury is hereby invested with the like powers of remission in cases of forfeiture arising under this act as in other cases of forfeiture under the revenue laws : And provided, further. That the provisions of this act shall not apply to countries where there is no consul, vice Consul, or commercial agent of the United States ; nor shall anything herein contained be construed to require for goods imported under the Reciprocity treaty with Great Britain, signed June fifth, eighteen hundred and fifty-four, any other consular certificate than is now required by law. And this act shall be construed only to modify and not repeal the act of March first, eighteen hundred and twenty- three, entitled "An act supplementary tb and to amend an act entitled ' An act to regulate the col- lection of duties on imports and tonnage,' passed March second, one thousand seven hundred and ninety-nine, and for other purposes ;" and the form of oaths therein set forth shall be modified accordingly : And provided, RELATING TO TT. S. CONSULAE OFFICEES. 519 further, That the provisions of this act shall not apply- to invoices of goods, wares, or merchandise imported into any port of the United States from any place beyond Cape Horn or the Cape of Good Hope until the first day of January, eighteen hundred and sixty- four. Approved March 3, 1863. An Act to increase the internal revenue and for other purposes. Approved March 7, 1864. Sec. 8. And he it further enacted, That 1 J, J, • , . • .1 TT -i 1 Certain consuls, consuls of foreign countries m the United ^^^^ „„j ^^^^^^ States, who are not citizens thereof, shall to. the income be, and hereby are, exempt from any in- ^^' come tax imposed by the act referred to in the first section of this act, which may be derived from their official emoluments or from property in such coun- tries : Provided, That the governments which such consuls may represent shall extend similar exemptions to consuls of the United States. An Act to provide for the collection of hospital dues from vessels of the United States sold or transferred in foreign ports or waters.^ Approved April 29, 1864. Be it enacted hy the Senate and House of Representatives of the United States of America, in Congress assembled. That in case of the sale or transfer of any vessel of the United States in a foreign port or water, the consul, vice consul, commercial agent, or vice commercial > Statutes, vol. xii. p. 61. 520 ACTS OF CONGKESS, AND EXTEACTS THEEEFEOM agent of the United States within whose consulate or district such sale or transfer shall have been made, or in whose hands the papers of such vessel shall be, be, and he is hereby, authorized and required to collect of the ma,ster or agent of such vessel, all moneys that shall have become due to the United States under and by virtue of the act entitled "An act for the relief of sick and disabled seamen," approved July sixteenth, seventeen hundred and ninety-eight, and shall remain unpaid at the time of such sale or transfer ; and that the said consul, vice consul, commercial agent, or vice commercial agent (as the case may be), be, and he is hereby, instructed and required to retain possession of the papers of such vessel until such moneys shall have been paid as herein provided ; and in default of which, such sale or transfer shall be void, excepting as against the vendor : Provided, That this act shall not take effect until the expiration of sixty days from and after its passage. An Act making appropriations for the consular and diplomatic ex- penses of the government for the year ending the thirtieth of June, eighteen hundred and sixty-five, and for other purposes. Salaries of cer- * * * And the Salaries of the con- tain consuls, suis at Brindisi, Gibraltar, St. Helena, Boulogne, Zurich, Clifton, Coaticook, Erie, Goderich, Kingston in Canada, Port Sarnia, Prescott, St. Lam- bert and Longuieul, Toronto and Windsor, shall be Of consul at fifteen hundred dollars each ; and the Ce.vion- salaries of the consuls at Ceylon and PirsEus. Piraeus shall be one thousand dollars each; and the salary of the- consul at Chin- RELATING TO TJ. S. CONSTJLAE OFFICEES. 521 Kiang shall be three thovisand dollars ; Chin Kiang. and the salary of the consul at Bankok shall be two thousand dollars ; and the salary of the commercial agent at Mada- gascar shall be two thousand dollars ; and the salary of the consul at Nassau shall be „ four thousand dollars, to commence after the close of the present fiscal year, and to continue during the present rebellion ; and the salary of the consul at Lyons shall be two thousand dollars, to commence after the close of the ^°°^' present fiscal year ; and the salary of the consul at Manchester shall be three thousand 1,1 . Piiii J? Manchester. dollars, to commence alter the close oi the present fiscal year. Sec. 2. And be it further enacted, That „ ., •^ _ President may the President be, and is hereby, author- appoint oon- ized, whenever he shall think the public ™^^'' ''^®'''^^" good will be promoted thereby, to appoint consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States, and over eighteen years of age at the time of their appointment, and shall be entitled to ^^ ^° '^^^' compensation for their services respectively at a rate not exceeding one thousand dollars per annum, to be determined by the President; and to assign such clerks, from time to time, to such consulates and with such duties as he shall direct ; and before the appointment of any such clerk shall be made, it shall be satisfactorily shown to the Secre- tary of State, after due examination and J. T_ ■ • 1 1 J.1 J. J.1 Examination. report by an examining board, that the 66 522 ACTS OF CONGRESS, AND EXTRACTS THEEEFROM, applicant is qualified and fit for the duties to which he shall be assigned ; and such report shall be laid before the President. And no clerk so appointed Not to be re- ^^ moved except shall be removed from office except for for cause. cause Stated in writing, which shall be submitted to Congress at the session first following such removal. Sec. 3. And he it further enacted, That Repeal of sec- , ,^ ■ ■• ,• <• i-iii^A tionSofactof the third section 01 an act entitled " An 1859, oh. 75, act making appropriations for the con- vol.xi.p.404. °. f^ 5 sular and diplomatic expenses oi the gov- ernment for the year ending the thirtieth of June, eighteen hundred and sixty," approved March third, eighteen hundred and fifty-nine, is hereby repealed. , And the fee for certifying invoices to be Fees of consul •' ° general for charged by the consul general for the British N. A British North American Provinces, and Jrrovinces, and ' subordinates, his Subordinate consular officers and for certifying ^gents, for goods uot exceeding" one hun- invoices, etc. i-j / u ^ o dred dollars m value, shall be one dollar, and the same fee shall be charged for certifying the growth or production of goods made duty free by the Reciprocity treaty : Provided, however, that growth not re- HO such Certificate of growth or produc- quired in cer- ^j^qj^ shall be required for goods not ex- tain cases. . . ° ceeding in value the sum of two hundred dollars. Sec. 4. And be it further enacted, That Office of com- . merciai agent the office of Commercial agent at Hako- at Hakodadi ^adi, Japan, may. at the discretion of the maybeehanged <• o t to that of con- Secretary of State be changed to that of Bui. 1856, eh. consul, to be classed with consuls other EELATING TO IJ. S. CONSULAR OFFICEES. 523 than those named in Schedule B and C 127, vol. xi. p. in the act approved August eighteen, ^^" eighteen hundred and fifty-six. Approved June 20, 1864. An Act making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-five, and for other purposes. Ap- proved, June 20, 1864. * * * and the consul general at Alexandria shall have the name and title of agent and consul general. An Act to provide ways and means for the support of the govern- ment, and for other purposes. Approved June 30, 1864. Sec. 178. And be it further enacted, That . „ „ . . • ,1 TT -i J Foreign consuls consuls or foreign countries in the United to be exempt States who are not citizens thereof, shall ^'■°™ i"<=°™e . tax, when, etc. be, and hereby are, exempt from any in- come tax imposed by this act which may be derived from their official emoluments or from property in such countries : Provided, That the governments which such consuls may represent shall extend similar ex- emption to consuls of the United States. An Act to increase duties on imports, and for other purposes.' Approved June 30, 1864. Sec. 106. And be it further enacted, That for every passport issued from the office of the Secretary of • Statutes at Large, vol. xiii. p. 276. 524 ACTS OF CONGKESS, AND EXTEACTS THEEEFKOM, . State there shall be paid the sum of five dollars, which amount may be paid to any collector appointed under this act, and his receipt therefor shall be for- warded with the application for such passport to the office of the Secretary of State, or any agent appointed by him, to be transmitted to the commissioner of in- ternal revenue, there to be charged to the account of such collector. And the collectors shall account for all moneys received for passports in the manner here- inbefore provided, and a like amount shall be paid for every passport issued by any minister or consul of the United States, who shall account therefor to the Treasury. An Act further to regulate the carriage of passengers in steamships and other vessels.' Approved July. 4, 1864. Sec. 5. And be it further enacted, That thajnaster or commander of any vessel carrying passengers from any port or ports in the United States to any port or place in Mexico or Central America, shall, immediately on arriving at such last-mentioned port or place, de- liver to the United States consul, vice consul, or com- mercial agent at such port, two copies of the list of passengers required to be kept on such vessel by said section thirty -five of the act of August thirty, eighteen hundred and fifty-two, embracing all the passengers on board the vessel at any time during its voyage up to its said arrival, and duly verified by the oath of such master or commander, and by the inspection of the consul, vice consul, or commercial agent, previous ^ Statutes at Large, vol. xiii. pp. 391, 392. EELATING TO TJ. S. CONSTJLAE OFFICERS. 525 to or at the landing of the passengers, one of which copies the said consul, vice consul, or commercial agent, shall file in his office, and the other of which he shall transmit without delay to the collector of the port in the United States from which the vessel last cleared. And if such master or commander shall refuse or neglect to comply with the requirements of this section, or shall knowingly make a false return of the list of passengers, he, together with the owner or owners of said vessel, shall be subject to a fine of not less than ten thousand dollars, and such fine shall be a lien upon the vessel until paid. Sec. 7. And be it further enacted, That if the owner or owners, master, commander, or other person in charge of any steamboat, or other vessel, shall willfully present, or cause to be presented, any false or fraud- ulent list or lists of its passengers, or copies thereof, to any consul, vice consul, commercial agent, collector, or other custom-house officer, or of the departure permit to any pilot, he or they shall be held guilty of mis- demeanor, and on conviction thereof shall be im- prisoned for a term not exceeding two years ; and the vessel shall be liable to seizure and forfeiture. Sec. 10. And be it further enacted, That all steamers and other vessels belonging to a citizen or to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and other securities as the government of the United States or any Department thereof, or any 526 ACTS OF CONGKESS, AND EXTRACTS THEKEFKOM, minister, consul, vice consul, or commercial or other agent of the United States abroad shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees on arriving at the port of destination, atfd shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business. Ak Act making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-seven, and for other purposes. „ , . * * * ijijjg compensation of the con- Fay of certain ■■• consuls estab- suls at Malta, Saint John (Canada East), iished. Nice, Lisbon, Santa Cruz, Tampico, Prince Edward Island, Barcelona, Saint Catherine's in Brazil, and Nantes, is established at fifteen hundred dollars each annually, and the compensation of the consul at Hankow is established at three thousand dollars annually. Hayti, Liberia, For Salaries of commissioners and con- and Dominica, gu^g general to Hayti, Liberia, and Do- minica, nineteen thousand dollars ; and the title of these diplomatic representatives shall be hereafter minister resident and consul general, with no increase of salary. „ ^ , Sec. 3. And be it further enacted, That Fees collected ■' ' by certain con- all fecs Collected by any consul or com- eniar ofScers to j^erclal agent not mentioned in Schedule be acoovmted ° for to Secretary B or C, or by any vice consul or commer- of Treasury. ^-^j agent appointed to perform their du- ties, or by any other person in their behalf, shall be RELATING TO V. S. CONSULAK OFFICERS. 527 accounted for to the Secretary of the Treasury in the same mode and manner as is provided for in section eighteen of the act approved August eigh- ^ggg ^.j^ -^^7 teen, eighteen hundred and fifty-six, en- section i8, vol. titled "An act to regulate the diplomatic ^^''^' and consular system of the United States'." And when the fees so collected by any such consul ^ ■' •' liXcess over or commercial agent amount to more than $2500 a year, twenty -five hundred dollars in any one above, etc., to •' ■'be paid to Sec- year, over and above the expenses of of- retary of Ti-ea- fice rent and clerk hire, to be approved ^^^' by the Secretary of State, of which return shall be made to the Secretary of the Treasury, the excess for that year shall be paid to the Secretary of the Trea- sury, in the mode provided for by said act.^ Approved July 25, 1866. An Act making appropriations for sundry civil expenses of the government for the year ending June thirtieth, eighteen hundred and sixty-seven, and for other purposes. Approved July 28, 1866. Sec. 11. And he it further enacted, That . . on • /. Provisions of the provisions of the act to carry into ef- act of June 22, feet the treaties between the United States ^^^^' extended to Egypt. and China, Japan, Siam, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States, in those countries, and for other purposes, approved June twenty-second, eighteen hundred and 1 See Circulars of the Secretary of State, No. 62, 1866, and No. 63, March, 1867. 528 ACTS OP CONGEESS, AND EXTRACTS THEEEFEOM. „ ^ sixty, shall extend to Egypt; and the con- erai's power at sul general at Alexandria shall have the Alexandria. power provided by section twenty-two of such act for the consul general or consul residing at the capital of a country where there is no minister. An Act making appropriations for the consular and diplomatic ex- penses of the government for the year ending thirtieth June, eigh- teen hundred and sixty-eight, and for other purposes. Salaries at cer- Be it enocted, * * * That the salaiy tain consulates, ^f ^^^g consul at Chemnitz shall be two thousand dollars per annum. And the salaries of the consuls at Rome, Quebec, Munich and Spezzia, respectively, shall be fifteen hundred dollars, and the salary at Spezzia shall take effect from the beginning of the present fiscal year. No pay to any * * * jv^q money appropriated by consul, etc., un- this act shall be applied to the payment the United of Salary or compensation to any diplo- states. matic representative of any grade, or to any consul or commercial agent of the United States, who is not a citizen of the United States, native, or duly naturalized. * * * For the salary of consul at uiThe^rMlht Mahe, Seychelle Islands, ancj at San Do- and San Do- mingo, which consulates are hereby esta- prlatioL.^^^'"" blished and added to Schedule B, fifteen hundred dollars each, three thousand dollars. Appeoved February 28, 1867. LIST OF THE PRINCIPAL ACTS OF CONGRESS IN WHICH THERE ARE REFERENCES TO THE DUTIES OF CONSULAR OFFICERS. An act for the government and regulation of seamen in the mer- chant service. July 20, 1790. Statutes at Large, vol. i. p. 131. An act concerning consuls and vice consuls. April 14, 1792. Statutes at Large, vol. i. p. 254. An act for the relief and protection of American seamen. May 28, 1796. Statutes at Large, vol. i. p. 477. An act for the relief of sick and disabled seamen. July 16, 1798. Statutes at Large, vol. i. p. 605. An act to regulate the collection of duties on imports and tonnage. March 2, 1799. Statutes at Large, vol. i. p. 627. An act to amend an act entitled " An act for the relief of dis- abled seamen," and for other purposes. May 3, 1802. Statutes at Large, vol. ii. p. 192. An act supplementary to the " Act concerning consuls and vice consuls, and for the further protection of American seamen." February 28, 1803. Statutes at Large, vol. ii. p. 203. An act in addition to the act entitled " An act supplementary to the act concerning consuls and vice consuls," and for the further protection of American seamen. February 28, 1801. Statutes at Large, vol. ii. p. 651. An act fixing the compensation of public ministers and of consuls residing on the coast of Barbary, and for other purposes. May 1, 1810. Statutes at Large, vol. ii. p. 608. An act for the regulation of seamen on board the public and private vessels of the United States. March 3, 1813. Statutes at Large, vol. ii. p. 809. An act authorizing the deposit of the papers of foreign vessels with the consul of their respective nations. March 3, 1817. Statutes at Large, vol. iii. p. 362. An act supplementary to " An act to regulate the collection of duties on imports and tonnage," passed the second day of March, 67 529 530 PKINCIPAL ACTS OF CONGKESS one thousand seven hundred and ninety-nine. April 20, 1818. Statutes at Large, vol. iii. p. 433. An act supplementary to and to amend an agt entitled " An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety- aine, and for other purposes. March 1, 1823. Statutes at Large, vol. iii. p. 729. An act to prescribe the punishments of consuls, commercial agents, and others, in certain cases. March 3, 1835. Statutes at Large, vol. iv. p. 773. An act in addition to the several acts regulating the shipment and discharge of seamen, and the duties of consuls. July 20, 1840. Statutes at Large, vol. v. p. 394. An act to amend an act entitled " An act to provide for the enlist- ment of boys for the naval service, and to extend the term of enlist- ment of seamen." February 20, 1845. Statutes at Large, vol. v. p. 725. An act to provide for the transportation of the mail between the United States and foreign countries, and for other purposes. March 3, 1845. Statutes at Large, vol. v. p. 748. An act more effectually to provide for the enforcement of certain provisions in the treaties of the United States. August 8, 1846. Statutes at Large, vol. ix. p. 78. An act to carry into effect certain provisions in the treaties be- tween the United States and China and the Ottoman Porte, giving certain judicial powers to ministers and consuls of the United States in those countries. August 11, 1848. Statutes at Large, vol. ix. p. 276. An act to provide for recording the conveyances of vessels, and for other purposes. July 29, 1850. Statutes at Large, vol. ix. p. 441. An act to repeal so much of the act approved eleventh day of August, eighteen hundred and forty-eight, as extends the provisions thereof to Macao. September 20, 1850. Statutes at Large, vol. ix. p. 468. An act to remodel the diplomatic and consular systems of the United States. March 1, 1855. Statutes at Large, vol. x. p. 619. An act to regulate the diplomatic and consular systems of the United States. August 18, 1856. Statutes at Large, vol. xi. p. 52. EEFEEEING TO DUTIES OF CONSULAR OFFICERS. 531 An act to amend an act entitled "An act requiring' foreign regulations of commerce to be laid annually before Congress," approved August' eighteenth, eighteen hundred and forty-two, and for other purposes. August 18, 1856. Statutes at Large, vol. xi. p. 139. An act making appropriations for the consular and diplomatic expenses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-eight. February 7, 1857. Statutes at Large, vol. xi. p. 169. An act making appropriations for the legislative, executive, and judicial expenses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-eight. March 3, 1857. Statutes at Large, vol. xi. p. 220. An act making appropriations for sundry civil expenses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-nine. June 12, 1858. Statutes at Large, vol. xi. p. 328. An act making appropriations for the consular and diplomatic expenses of the government for the year ending the thirtieth of June, eighteen hundred and sixty. March 3, 1859. Statutes at Large, vol. xi. p. 404. An act to carry into efiect provisions of the treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to ministers and consuls or other functionaries of the United States in those countries, and for other purposes. June 22, 1860. Statutes at Large, vol. xii. p. 72. An act to increase the consular representation of the United States during the present insurrection. August 2, 1861. Statutes at Large, vol. xii. p. 285. An act to reduce consular fees for vessels running to or be- tween foreign ports. August 5, 1861. Statutes at Large, vol. xii. p. 315. An act making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-three, and additional appropriations for the year ending thirtieth June, eighteen hundred and sixty-two. February 4, 1862. Statutes at Large, vol. xi. p. 335. 532 PRINCIPAL ACTS OF CONGRESS. An act to prohibit the " Coolie trade" by American citizens in American vessels. February 19, 1862. Statutes at Large, vol. xii. p. 340. An act to provide internal revenue to support' the government, and to pay interest on the public debt. July 1, 1862. Statutes at Large, vol. xii. p. 433. An act increasing temporarily the duties on imports, and for other purposes. July 14, 1862. Statutes at Large, vol. xii. p. 543. An act to further provide for the collection of the revenue upon the northern, northeastern, and northwestern frontiers, and for other purposes. July 14, 1862. Statutes at Large, vol. xii. p. 571. An act making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-four. February 4, 1863. Statutes at Large, vol. xii. p. 639. An act making appropriations for sundry civil expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-four, and for the year ending the thirtieth June, eighteen hundred and sixty-three, and for other purposes. March 3, 1863. Statutes at Large, vol. xii. p. 754. An act to prevent and punish frauds upon the revenue, to provide for the more certain and speedy collection of claims in favor of the United States, and for other purposes. March 3, 1863. Statutes at Large, vol. xii. pp. 737-739. An act to increase the internal revenue, and for other purposes March 7, 1864. Statutes at Large, vol. xiii. p. 17. An act to provide for the collection of hospital dues from vessels of the United States sold or transferred in foreign ports or waters. April 29, 1864. Statutes at Large, vol. xiii. p. 61. An act making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-five, and for other purposes. June 20, 1864. Statutes at Large, vol. xiii. pp. 139, 140. An act to provide ways and means for the support of the govern- ment, and for other purposes. June 30, 1864. Statutes at Large, vol. xiii. p. 305. OPINIONS OF THE ATTOENEYS GENERAL. 533 Au act to increase duties on imports, and for other purposes. June 30, 1864. Statutes at Large, vol. xiii. p. 276. An act further to regulate the carriage of passengers in steamships and other vessels. July 4, 1864. Statutes at Large, vol. xiii. p. 391. An act making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-seven, and for other purposes. July 25, 1866. Session Statutes, First Session of the Thirty-ninth Congress, p. 225. An act making appropriations for sundry civil expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-seven, and for other purposes. July 28, 1866. Session Statutes, First Session of the Thirty-ninth Congress, p. 322. An act making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-eight, and for other purposes. February 28, 1867. Session Statutes, Second Session of the Thirty-ninth Congress, p. 414. DIGEST OF "OPINIONS OF THE ATTORNEYS GENERAL" IN REGARD TO CONSULS. 1. A consul is not a public minister, nor entitled to the privileges' attached to the person of such an officer. (1 : 41.)' 2. A riot before the house of a foreign consul by a tumultuous assembly requiring him to give up certain persons supposed to be resident with him, and insulting him with improper language, is not an offence within- the act of 30th April, 1790, for the punishment of certain crimes against the United States, and cannot be prosecuted in the courts of the United States. {Ibid.) 3. A consul of the United States for Tunis, with instructions from the Department of State authorizing him, if he could find a suitable channel through which to negotiate the immediate release of the ' The figures refer, to the volume and page of "Opinions of the Attorneys Gene- ral of the United States," where the opinion will be found at length. 534 OPINIONS OF THE ATTOENEYS GENERAL American prisoners at Algiers, to go as far as three thousand dol- lars per man, employed an agent, by promise of reward, ta effect the object, and then drew bills on the State Department for such compensation, and for money paid, etc., in favor of a merchant at Gibraltar: Held, that the employment of an agent was justified under the power, but that the true meaning of the instructions was lost sight of by the manner of the employment of the agent for a compensation. (1 : 196.) 4. A consul is not privileged from legal process by the law of nations, nor is the French consul general by the consular conven- tion between the United States and France ; and though the suit arose out of public transactions, the President cannot interpose his authority. (1: 77.) 5. It is not essential to the validity of a consular bond that it should be attested. (1 : 378.) 6. Foreign consuls and vice consuls are not public ministers within the law of nations or the acts of Congress, but are amenable to the civil jurisdiction of our courts. (1 : 406.) See 2 Dallas Rep. 297. 7. But consuls are bound to appear only in the Federal courts, the Constitution and laws, contemplating the responsibility of con- suls, having provided these tribunals, in exclusion of the State ' courts, in which they shall answer. (Ibid.) 8. Consular jurisdiction depends on the general law of nations, existing treaties between the two governments affected by it, and upon the obligatory force and activity of the rule of reciprocity. (2: 378.) 9. French consular jurisdiction in an American port depends on the correct interpretation of the treaties existing between his Most Christian Majesty and the United States, and which limit it to tb©^ exercise of police over French vessels and jurisdiction in civil mat- ters in all disputes which may there arise, and provide that such police shall be confined to the interior of the vessels, and shall not interfere with the police of our ports where the vessels ■ shall be. They also provide that in cases of crimes and breaches of the peace the ofienders shall be amenable to the judges of the country. {Ibid.) 10. The claim of the French envoy, therefore, for the exercise of judicial power by the consul of his government in the port of Savan- nah, is not warranted by any existing treaties, nor by a rule of reci- IN EEGAED TO CONSULS. 535 proeity wLich the executive has power to permit to be exercised. (Ibid.) 11. The executive will pay to the widow of a consul having a salary, who has died in office abroad, upon her return, the amount which it has been customary to pay to consuls themselves upon their recall, viz.^ his salary for three months.^ (2 : 521.) 12. The funeral expenses of the deceased consul, and the inci- dental and contingent expenses of the consulate after his death, are a fair item of charge on the fund for the contingent expenses of foreign intercourse. {Ibid.y 13. And where the son of the deceased consul remains at the port and discharges duties of consul, which are recognized by the govern- ment, he may receive the compensation fixed by law for such ser- vices. (Ibid.) 14. Foreign consuls in the United States are entitled to no immu- nities beyond those enjoyed by foreigners coming to this country in a private capacity, except that of being sued and prosecuted exclu- sively in the Federal courts. (2 : 725.) 15. If any foreign consul shall be guilty of any illegal or impro- per conduct, he will be liable to the revocation of his exequatur, and to be punished according to our laws, or he may be sent back to his own country, at the discretion of our government. (Ibid.) 16. The act of Congress to carry into effect certain provisions in the treaties between the United States and China and the Ottoman Porte, giving certain judicial powers to ministers and consuls of the United States in those countries, not having designated any particu- lar place for the confinement of prisoners arrested for crime, the same is left for regulation under the fifth section, or, in the absence of any such regulation, to the discretion of the acting functionary. (5: 67.) 17. The expenses of arrest and support in prison, in such cases, must be paid from the fund created by the execution of the act. (Ibid.) 18. Whether the act embraces Egypt and the Barbary States, which are under the dominion of the Ottoman Porte, is a political 1 The law (or custom) under which this opinion was given has no longer existence. ' This opinion refers only to the case of a consul holding a diplomatic position. 536 OPINIONS OF THE ATTORNEYS GENERAL question, which cannot be solved without the aid of the Department of State. (Ibid.) 19. In order that the master of a ship, on her " arrival" in a foreign port, shall be compellable to deposit the ship's papers with the consul, the arrival must be such a one as involves entry and clearance. (6 : 163.) 20. Consuls have no authority to order the sale of a ship in a foreign port, either on complaint of the crew or otherwise. (6 : 617.) 21. If, on such sale, a consul retains money for the payment of seamen's wages, he acts at his own peril, and is responsible to the owners. (Jbid.) 22. The United States are not responsible in damages for moneys illegally received by consuls, or for any other act of malfeasance of theirs in office. (Ibid.) 23. Consuls of the United States have no lawful authority as such to solemnize marriages in countries comprehended within the pale of the international public law of Christendom. (7 : 18.) 24. Seam, in countries not Christian, where by convention or in fact the rights of exterritorialitv are possessed by citizens of the United States. (Ibid?) 25. It belongs exclusively to the President of the United States, by and with the advice and consent of the Senate, to appoint con- sular officers to such places as he and they deem to be meet. (7 : 242.) 26. Consuls are officers created by the Constitution and the laws of nations, not by acts of Congress. {Ibid.) 27. Congress may by law vest the appointment of inferior consular officers in the President alone, or in the Secretary of State. (Ibid.') 28. When the act of the last Congress, remodeling the consular system, says that from and after the 30th of June next the President shall appoint consuls to certain places, it means that he may appoint them, if he see fit, with such reference to the advice and consent of the Senate as the Constitution prescribes. (Ibid.) 29. The act does not require him to appoint new consuls, or to reappoint the present incumbents, at the places mentioned, nor to remove consuls now existing at places not named in the act, nor to omit to appoint new ones at other places not named in it. (Ibid.) 30. The rates and the mode of compensation, by the act, take effect in regard to all consuls at the places named, and lawfully in IN EEGAED TO CONSULS. 537 office at the day fixed, whensoever they have been or shall be ap- pointed. (Ibid.^ 31. All the provisions of the act regarding the duties of consular officers take effect on the first of July. (Ibid.) 32. Nothing in the act forbids the continued appointment of vice consuls or consular agents, with approval of the Secretary of State. (IbidO 33. The several consuls for whom the act provides annual salaries must collect and pay over all fees for consular service to the govern- ment. {Ibidi) 34. The penalty of removal from office, which the act of 1855 affixes to the non-performance of some duties by consuls, is inopera- tive, because removal from office cannot be enacted as a statute penalty, it being a matter for the constitutional discretion of the President. {Ihid.') 35. Consuls not duly accounting for fees collected for consular service are subject to indictment for the statute crime of embezzle- ment, in the terms of the act of 1846, which regulates the collection, safe-keeping and disbursement of public moneys. {Ibid.} 36. Consuls, commercial agents, vice consuls, and consular agents, for ^^hom salaries are not provided by the act, are entitled to con- tinue to receive fees for consular service. {Ibid.) 37. The act does not repeal any fees except those which it ex- pressly mentions, and leaves all others as they now stand by act of Congress or regulations of Department. {Ibid.) 38. The provisions of the act of 1855 against the appointment of any citizen of the United States, not actually residing therein or abroad in the public service at the time, is directory only, not man- datory on the President. {Ibid.) 39. In taking charge of the estates of citizens of the United States dying abroad, the power of consuls is limited to collecting the assets abroad, discharging them of locaFliabilities, reduciug them to money, and transmitting to the Treasury, subject to the orders, both before and afterwards, of the lawful executor or administrator. {Ibid.) 40. The rule for the distribution of the personal effects of any deceased citizen of the United States, either at home or abroad, is the law of the particular State of his domicile, and cannot be changed by act of Congress. {Ibid.) 68 538 OPINIONS OF THE ATTORNEYS GENERAL 41. Consuls general are the proper persons to hold consular posts in the capitals of the great transmarine dependencies of European powers, and to constitute the medium of communication with the local governor or captain general, and are appointable at the discre- tion of the President with consent of the Senate. (Ihid^ 42. A consul may be authorized to communicate directly with the government near which he resides ; but he does not thereby acquire the diplomatic privileges of a minister. (7 : 343.) 43. Nor does he, as consul, acquire such privileges by being ap- pointed, as he may, at the same time, charge d'affaires. (•Ibid.') 44. To the question whether a consul can solemnize marriage or not, as consul, it is wholly immaterial whether he be or not a subject of the foreign government. {Ibid.) 45. The exterritoriality of foreign consuls in Turkey and other Mohammedan countries is entirely independent of the fact of diplo- matic representation, and is maintained by the difference of law and religion ; being but incidental to the fact of the established exterri- toriality of Christians in all countries not Christian. (Ibid.) 46. Consuls, as international commercial agents, originated in the colonial municipalities of the Latin Christians in the Levant, which municipalities were self-governing through their "consuls," the ancient title of municipal magistrates in Italy. (Ibid.) 47. Eights of private exterritoriality having ceased to exist in Christendom, foreign consuls have ceased, mostly, to be municipal magistrates of their countrymen there ; but they still continue not only international agents, but also administrative and judicial func- tionaries, of their countrymen in countries outside of Christendom. (^Ibid.) 48. Foreign consuls are not exempted, either by treaty or the law of nations, from the penal effect of the statute of 1818. (7: 367.) 49. In case of indictment of any such consul or other official person, his conviction of the misdemeanor, of his escape by reason of arranged instructions or contrivances to evade the operation of the statute, is primarily a matter of domestic administration, altogether subordinate to the consideration of the national insult or injury to this govern- ment involved in the fact of a foreign government instructing its officers to abuse, for unlawful purposes, the . privileges which they happen to enjoy in the United States. (^Ibid.) IN BEaAED TO CONSULS. 539 50. Masters of American vessels are subject to prosecvttion in the name of the consul, for omission to deposit with him the papers ac- cording to law, but not to indictment. (7 : 395.) 51. In virtue of the treaty between the United States and China, all citizens of the United States in China enjoy complete rights of exterritoriality, and are amenable to no authority but that of the United States. (7 : 495.) 52. The act of Congress empowers the commissioners and consuls of the United States in China to exercise judicial authority over their fellow-citizens. (.Ibid.) 53. The several consuls, each in his consular circumscription, have, by express provision of statute, original jurisdiction in all civil cases of contract, or the like sounding in damages, which arise between two or more citizens of the United States, and in all crimes committed by an American. (Ibid.) 54. In such civil matters of contract^ or the like sounding in dam- ages, the consul sits with or without assessors, according to circum- stances ; and in case of difference of opinion between him and his assessors, an appeal lies to the commissioner. (Ibid.) 55. In all criminal matters, except certain petty misdemeanors, the consul sits with assessors, and decides subject to appeal as in civil cases to the commissioner; save that in capital cases there is no appeal, but the conviction is invalid unless approved by the com- missioner. (Ibid.) 56. In controversies between citizens of the United States and subjects of China, the case is to be tried by the court of the defendant's nation ; and so in controversies between citizens of the United States and those of any friendly foreign government. (Ibid.) 57; The consular court has no authority by the treaty or the stat- ute to entertain jurisdiction of a suit by the Chinese government for duties. (Ibid.) 58. In all criminal matters, and in all civil matters of contract, or the like sounding in damages, the commissioner has only appellate jurisdiction. (Ibid.) 59. As to all other matters, such as probate of wills, divorce, in- testacy, copartnership, chancery, admiralty, proceedings de re or in rem, personal or prerogative writs, division of lands and the like, the 540 OPINIONS OF THE ATTOKNEYS GENEKAL Statute makes no specific provision, leaving them to regulations of the commissioner and consuls. {Ibid.') 60. Vice consuls are competent to act when duly appointed or ap- proved as such by the Secretary of State. {Ibid.') 61. A substitute, or vice consul, left in charge of the consulate during the temporary absence of the consul, is to be compensated out of the statute emoluments of the office, subject to regulations of the Department. (7: 714.) 62. An acting consul, in charge of a consulate during actual vacancy of the consulate, is entitled to receive the statute compen- sation of the office. {Ibid. ^) 63. The estates of foreigners dying in the United States are set- tled by the local authorities. (8 : 98.) 64. Administration may be granted to the next of kin if he reside in the State. {Ibid.) 65. The consul of the decedent's country has no jurisdiction ; he may intervene by way of advice, or in the sense of surveillance, but not otherwise as consul, and of right. {Ibid.) 66. If the decedent leave a will intended to operate in his own country, it is the right of the consul, and his duty, if the circum- stances require it, that is, in the absence of adult heirs on the spot, to see to the safe-keeping of the will and its transmission to the parties entitled. {Ibid.) 67. Sundry legislative acts of the United States proceed on the assumption that American consuls, in foreign countries, will collect and remit the assets of deceased Americans. Their authority to do this will depend, of course, on the law of the foreign country : if permitted by that law, and so far as permitted, the consul may do it, but not otherwise, nor fiirther, unless allowed by treaty. And so it is with respect to foreign consuls in the States of the Union. {Ibid.) 68. Citizens of the United States who hold foreign consulates in the United States, are not exempt from jury duty or service in the militia by the law of nations, or by the Constitution and laws of the ^ It is not competent for a neutral consul, without the special authority of hia government, to interpose a claim on account of the violation of the territorial jurisdiction of his country. ( The Anne, 3 Wheat. 435.) A* vice consul, duly recognized by our government, is a competent party to assert or defend the rights of property of individuals of his nation in a court of admiralty. ( The Bella Corrunes, 6 Wheat. 152.) m EEGAED TO CONSULS. 541 United States, nor unless exempted by the statutes of the State of the Union in which they may respectively reside. (8 : 173.) 69. Consuls of the United States, in foreign countries, are re- quired to see to persons charged with the commission of crimes at sea or in port, under circumstances giving jurisdiction to the courts of the United States, and have authority to send home for trial, and in that view, to inquire into the facts of the alleged crime. (8 : 380.) 70. But the authority of the consul, in such cases, is ministerial, not judicial, in its nature. (Ibid.') 71. If a crime be committed on the high seas, the master may detain the party for trial ; on touching at a foreign port the party may apply to the consul for discharge ; and it may be the duty of the consul either to grant or refuse the discharge ; and, in the latter case, he may have occasion to call on the local authorities to aid in detaining the party, or in providing to send him home for trial. (J6id.j 72. The power of the consul is to refuse to discharge, or at most to detain, or call on the master, or the local authorities, or a man-of- war of his country, to detain a person so charged with crime. (Ibid.) 73. In order to determine whether he shall detain or require de- tention, the consul must inquire into, and in some sense judge and decide the question of culpability. He must, of necessity, inquire in the usual way, that is, by hearing testimony, not as a judicial officer, but as consul. As to judgment, that is, deciding whether to detain or not to detain, he must have large discretion. He need not detain men upon such suspicion of guilt as would justify an examin- ing magistrate in holding to bail within the United States. There is no judge at -Tiand to supervise the propriety of such detention by writ of habeas corpus, or to admit bail on motion. The consul, in order to induce him to detain, may well require stronger probable cause of belief in guilt than an examining magistrate. He may do this in the interest of the party, and he may do it in the interest of the government, which must defray the expenses of the deten- tion and custody of the party and of his conveyance to the United States. (Ibid.) 74. If the offence be committed in port, or so soon as the ship arrives in port, it becomes the duty of the consul,xby express provi- sion of the statute, to receive and hear the complaints of the ship's 542 OPINIONS OF THE ATTOENEYS GENERAL. company. (Act of July 20, 1840, § 16.) And, on the other hand, it is the right of the master, in such circumstances, to demand the assistance of the consul, who is to advise, aid, and, if need be, direct, the master as to the further detention of the party as a criminal, and his immediate transmission to his country. {Ibid.') 75. If the offence be committed in port and the local authorities do not take jurisdiction, then also the consul is to advise and aid the master in the disposition of the party, in order to his transmission to the United States for trial. (Ibid.) 76. His obligations ai\d his powers go no fiirther than to inquire, in order to decide what his duty is in the given case, to take evidence of the facts, to collect and see to the presentation of documents and material proofs, to draw up a statement of the facts to be reported to his government, and if, in his judgment, the facts require it, to see to the further detention of the party and his transportation to the United States. {Ibid.) The foregoing remarks, in relation to the duties of consuls in re- gard to criminals, apply more especially to the case of consuls in the governments of Christendom having treaty relations with the United States. Those of China, Turkey, and Japan stand on their peculiar footing. COlsrSULAR FEES. CIRCULAR NO. 49. ,} Department op State, Washington, March 26, 1864. To the Consular Officers of the United States: I transmit, herewith, for your information and guidance, the re- vised rates or tariff of fees prescribed by the President, under the provisions of the sixteenth section of the act to regulate the diplo- matic and consular systems of the United States, to be charged by all consular officers for the services " which shall be regarded as of- ficial services." The fees therefor " are to be collected in the coin of the United States, or at its representative value in exchange." The rates established by this tariff are intended to supersede those which have been heretofore prescribed, and are to be carefully observed, in all cases, by consular officers. At the expiration of each quarter, all fees collected by all salaried consular officers residing at seaports must be accounted for to the Secretary of the Treasury, pursuant to Forms Nos. 8, 33, 44, and 45 ; and by those residing at inland places, agreeably to Forms Nos. 9 and 83, and the respective amounts held subject to his draft or "other directions." Similar reports must be made quarterly to this Depart- ment by all unsalaried consular officers. To enable this Department t,o comply with the provisions of the sixteenth section of the diplo- matic and consular act, a report must be made, pursuant to Form No. 138, to this Department by all consular officers. 543 544 CONSTJLAR FEES. Consuls are further instructed that the rates for consular services, in pursuance of the revised tariff, are to be charged from and after the thirtieth of June next. WILLIAM H. SEWARD. Approved : A. LINCOLN. March 28. 1864. CONSULAR FEES. Acknowledgments. 1. Of the master to bottomry bond with certificate under seal $2 50 2. Of the master to a mortgage or mortgage bill of sale of a vessel. . 2 00 3. Of the master to an order for payment of seamen's wages or voyages, at home, including making up the order, if required 2 50 4. Of the merchant to assignment of bottomry bond 2 00 5. Of the vendor to a biU of sale of vessel 2 00 6. Of one or more persons to a deed or instrument of writing 2 00 7. Of one or more persons to a power of attorney 2 00 Authenticating copies of papers. 8. Of advertisement for funds on bottomry 1 00 9. Of inventories and letters, or either, of masters 1 00 10. Of marine note of protest 2 00 11. Of extended protest 3 00 12. Of account of sales of vessel, cargo, provisions, and stores, or either 1 00 13. Of advertisement of sale of vessel or cargo, provisions or stores 1 00 14. Of call, warrant, and report of suryey on vessel, hatches, cargo, provisions, and stores, or either (for example, see Form No. 50) 1 00 Auihenticating signatures. 15. To average bonds 2 00 16. To estimate of repairs of vessel 2 00 CONSTJLAE FEES. 545 17. To (auctioneer's) account of sales of vessel or cargo, provisions or stores $2 00 18. To reports of survey on vessel or cargo, provisions or stores 2 00 19. Of forms of application for arrears of pay and bounty of de- ceased or disabled soldiers 25 20. Of govertiors, judges, notaries public, custom-house and other officers 2 00 21. Of merchants and individuals « 2 00 22. For any other consular authentication or service of like cha- racter not herein named or enumerated 2 00 Certifioaies. 23. To bill of health 2 50 24. Of endorsement of bottomry on ship's register.....' 2 00 25. Of ditto on payment of bottomry on ship's register 2 00 26. Of ditto of new ownership on ship's register 2 00 27. Of canceling ship's register. 2 00 28. To currency 1 00 29. Debenture certificate, including oaths of master and mate..., 5 00 30. Of decision and award, in cases of protests against masters, pas- sengers, or crew (for example, see Form No. 49) 5 00 31. Of the deposit of a ship's register and papers, when required by custom-house authorities 2 00 32. In cases of vessels deviating from the voyage 2 00 33. When ship's register is retained entire in the consulate 2 00 34. Of identity 2 00 35. To invoice, including declaration, in triplicate 2 50 36. To invoice of goods not exceeding $100 in value, in British North American Provinces 1 00 37. When the amount of the invoice exceeds $100 2 50 ' [38. Of place of growth or production of goods made duty free by the Reciprocity treaty, exceeding in value the sum of $200, to be charged by consular officers in British North Amer- ican Provinces 1 00 39. Same of goods not exceeding in value the sum of $200 No fee.] 40. Of place of birth of emigrants, and only when desired by them 25 41. For marriage certificate under the provisions of the thirty-sec- ond section of the consular judicial act of June 22, I860.. 1 00 42. Of appointment of new master, including oath of master 2 00 ' Abrogated by the termination of the Beciprocity treaty, 69 546 CONSULAR FEES. 43. Griven to a master at his own request (for example, see Form No. 48), if less than two hundred words, under seal $2 00 44. For every additional hundred words 1 00 45. Of the ownership of a vessel 2 00 46. To a seaman, of his discharge No fee. 47. For master to take home destitute American seamen » No fee. 48. Of conduct of crew on hoard, in cases of refusal of duty and in cases of imprisonment, &c 2 00 49. Of sea letter 3 00 40. Of roll or list of crew, when required by the captain or author- ities of the port 2 00 51. To shipping articles 2 00 Declarations and oaths. 52. Declaration and oath of master to one or more desertions, in- cluding oaths, attached to crew list and shipping articles, each 50 53. To one or more deaths or losses of seamen overboard at sea, in- cluding oaths, attached to crew list and shipping articles, each il 50 54. To not being able to procure two-thirds of a crew of American seamen 50 55. To ship's inventories or stores 50 56. To the correctness of log-book ,50 57. To ship's bills and vouchers for disbursements and repairs 50 Estates of deceased American citizens. 58. For taking into possession the personal estate of any citizen who shall die within the limits of a consulate, inventorying, sell- ing, and finally settling and preparing or transmitting, ac- cording to law, the balance due thereon, five per cent, on the gross amount of such estate. If part of such estate shall be delivered over before final settlement, two and one- half per cent, to be charged on the part so delivered over . as is not in money, and five per cent, on the gross amount of the residue. If among the efiects of the deceased are found certificates of foreign stocks, loans, or other property, two and one-half per cent, on the amount thereof. No charge will be made for placing the ofiScial seal upon the personal property or effects of such deceased citizen, or for breaking or removing the seals, when required by the COITSULAR PEES. 547 person or persons referred to in section 29 of the act of August 18, 1856. Filing documents in Consulate. 59. Consul's certificate to advertisement for funds on bottomry $0 25 60. Inventories of vessels, cargo, provisions, and stores, or either.... 25 61. Estimate of repairs of vessel 25 62. To advertisement of sale of vessel, cargo, provisions, and stores, or either 25 63. Letter of master notifying consul of sale of vessel, cargo, pro- visions, and stores, or either .' 25 64. Of master notifying auctioneer of sale of vessel, cargo, provis- ions, and stores, or either 25 65. Accounts of sale of vessel, cargo, provisions, and stores, or either 25 66. Calls of survey on vessels, hatches, cargoes, provisions, and stores, or either 25 67. Warrants of survey on vessels, hatches, cargoes, provisions, and stores, or either 25 68. Reports of survey on vessels, hatches, cargoes, provisions, and stores, or either. 25 69. For filing any other document prepared in or out of the con- sulate 25 Consuls' orders and letters. 70. To send seamen to hospital Nofee. 71. To send seamen to prison 2 00 72. To release seamen from prison 2 00 73. To authorities or captain of the port, in cases of sinking vessels (for example, see Form No. 51) 2 00 74. Requesting the arrest of seamen 2 00 75. For any other letter or order of like character 2 00 Licenses. 76. For the issue of a license to a vessel clearing from a foreign port and destined to a port of the United States opened by the proclamation of the President 5 00 Passports. 77. For a passport, including seaP 5 00 78. For visaing a passport 1 00 1 See Section 106 of the Act of June 30, 1864 j also Circulars Noa. 48 and 62, 1864. 548 CONSULAR FEES. Protests, &c. 79. For noting marine protest $2 00 80. For extending marine protest 3 00 81. And if it exceed two hundred words, for every additional one hundred words 1 00 82. For issuing warrant of survey on vessels, hatches, cargo, pro- visions, and stores, or either 2 00 83. Notifying surveyors of their appointment, for each 100 Notifying agents of insurance companies interested, each 1 00 Preparing documents. 84. For preparing agreement of master to give increased wages to seamen, attested under seal 2 00 85. For preparing any other official document or instrument of writing, not herein named or enumerated, if tinder one hundred words, attested under seal or otherwise..' 2 00 86. If exceeding one hundred words, for every additional hundred words, attested under seal or otherwise 1 00 Reeording documents. 87. Appointment of new master 50 88. Application of a citizen of the United States for a sea letter 50 89. Average bonds, when required, for every one hundred words 50 90. Bill of sale, when required, for every one hundred words 50 91. Certificate given to master at his own request, when required.... 50 92. Consul's letter to captain of port, or authorities, in cases of sink- ing vessels 50 93. Order and consul's certificate to pay seamen's wages or voyages at home 50 94. Powers of attorney, when required, for every one hundred words.. 50 95. Protests of masters and others, other than marine protests, for everyone hundred words 50 96. Sea letter, for every one hundred words 50 97. Calls of survey on vessel, hatches, cargo, provisions, and stores, or either ; warrants and reports of ditto, ditto ; estimates of repairs ; certificates of consuls to advertisements for funds on bottomry, and of sale of vessel; inventories of vessel, cargo, provisions, and stores ; letter of master to consul notifying sale of vessel, cargo, provisions, and stores, or either ; letter of master to auctioneer, and account of sales of vessel, ^ CONSULAR FEES. 549 cargo, provisions, and stores, or either, for every one hun- dred words of any document required to be recorded, except consul's certificate to masters taking home American sea- men $0 50 98. Any other document or instrument of writing not herein named or enumerated prepared in or out of the consulate, and re- quired to be recorded, for every one hundred words 50 Receiving and delivering ship's papers. 99. For receiving and delivering ship's register and papers, including consular certificates as prescribed in Forms Nos. 38 and 39, one cent on eveiy ton, registered measurement of the vessel for which the service is performed, if under one thousand tons 01 100. And for every additional ton over one thousand, one-half of one cent i Shipping or discharging seamen} 101. For every seaman who may be discharged or shipped, including the certificates therefor attached to crew list and shipping articles, to be paid by the master of the vessel 50 Miscellaneous services. 102. For administering oaths, not hereinbefore provided for, each... 50 103. For attending an appraisement of goods or effects daily 5 00 104. For attending valuation of goods, for every day's attendance during which the valuation continues 5 00 105. For attending sale of goods, for every day's attendance during which the sale continues 5 00 106. For attending sale of vessel, when required 5 00 107. For attendance at a shipwreck, or for the purpose of assisting a ship in distress, or of saving wrecked goods or property, over and above traveling expenses, a per diem of five dollars, whenever the consul's interposition is required by the parties interested 5 00 108. For consul's seal and signature to clearance from custom-house authorities 2 Ob 109. For consul's seal and signature to any document not mentioned in or otherwise provided for'by the foregoing tariff. 2 00 1 See Act of Congress, August 5, 1861. 550 CONSULAR FEES. Under the provisions of the sixteenth section of the diplomatic and consular act, the President has prescribed that all acts are to " be regarded as official services " in which the consul uses his seal and title officially, or either of them ; and the fees received therefor by salaried consuls are to be accounted for to the Treasury of the United States. Where a fee is established in the foregoing tariff for any particular act or transaction, no additional fee is to be demanded for signature, attestation, or annexing seal of office. All consular fees are to be collected, as prescribed by law, " in the coin of the United States, or at its represientative value in exchange.'' By order of the President : WILLIAM H. SEWAKD, Secretary of State. APPENDIX. CONSULAE FOEMS. In order to render uniform, as far as possible, the mode of trans- acting consular business, the following forms have been prepared for the purpose of exhibiting the character and kind of service consular officers may be called upon to perform. These forms, as will be per- ceived, are referred to in the Consular Regulations prescribed by the President for the government of consular officers, and are to be observed by them in the transaction of official business. Some of these forms, which are of most frequent use, are supplied to consular officers by the Department of State. When printed by the consuls, care should be taken, in order to lessen the expense of postage, that it be done on thin paper, and on sheets not unneces- sarily large. Sometimes, when the printed sheets are not filled by the return, they can be reduced in size, before transmission to the Department, for the same reason. All forms are to be signed by the consul. FoEM No. 1. Names of persons employed at the U. S. Consulate, at ■ Kame. Place. Of what coun- try a citizen or subject Bank. Date of nomination. Date of approval. NoTS.— This form should be sent to the Department always at the close of the year, in order that the printed list of consular o£Bcers may be corrected. 551 552 CONSULAK FORMS. FOEM No. 2. Bond to be given by consular officers mentioned in schedule B of the act of August 18, 1856. ■ and ■ Know all men by these presents, that we, are held and firmly bound to the United States of America in the sum of thousand dollars, money of the said United States, to the payment whereof we bind ourselves, jointly and severally, our joint and several heirs, executors, and administrators. Witness our bands and seals, this day of , 18 — . The condition of the above obligation is such, that if the above bounden - , appointed of the United States at , shall truly and faith- fully discharge the duties of his said office according to law, and shall truly and faithfully account for, pay over, and deliver up all fees, moneys, goods, effects, books, records, papers, and other property which shall come to the hands of the said , or to the hands of any person for his use, as such , under any law now or hereafter enacted, and that he will truly and faithfully perform all other duties now or hereafter lawfully imposed upon him as such . And these presents are subject to this other and further condition, that he, the said , will not, while he holds the said office, be interested in or transact any business as a merchant, factor, brolter, or other trader, or as a clerk or other agent for any such person to, from, or within the port, place, or limits of his , directly or indirectly, either in his own name, or in the name, or through the agency, of any other person ; and in case he, the said , shall violate the provisions of this condition, that then the above-named obligors shall be liable to said obligees, to a penalty for the breach of such condition in a sum equal to the amount of the annual com- pensation of said — — : — '■ — ; which is hereby stipulated, agreed upon, and admitted by way of liquidated damages, but that this condition shall not im- pair or prevent the right of the United States to prosecute said for the recovery of said penalty against him, the said , individu- ally, the same as if this bond had not been given ; and if the said shall conform to all the above conditions, then this obligation to be void ; other- wise, to remain in full force. [l. s.] [L. S.] Signed, sealed, and delivered . [l. s.l in the presence of us — Th&foUffunr^ instructions must be partimlarly cbserved and complied with. Ist. The Christian names must be written in the body of the bond in full, and bo signed to the bond. 2d. A eeal of wax or wafer to be attached to each signature. 3d. Each signature must be made in the presence of two persons, who must sign their names as witnesses. 4th. The United States attorney of the district in which the sureties reside must certify that they are sufficient to pay the penalty of the bond, and are citizens of the United States. 5th. Bond to be dated, and signed by the consul and his sureties. 6th. The name of the State, county, and town in which the sureties reside should be stated in the certificate of the district attorney. CONSULAR FORMS. 553 Poem No. 3. Bond to be given by consular officers mentioned in schedule C of the act of the 18th August, 1866. Know all men by these presents, that we, and -, are held and firmly bound to the United States of America in the sum of thousand dollars, money of the said United States, to the payment whereof we bind ourselves, jointly and severally, our joint and several heirs, executors, and adminis- trators. Witness our hands and seals, this day of , 18 — . The condition of the above obligation is such, that if the above bounden , appointed of the United States at , shall truly and faithfully discharge the duties of his said office, according to law ; and shall truly and faithfully account for, pay over, and deliver up all fees, moneys, goods, effects, books, records, papers, and other property which shall come to the hands of the said , or to the hands of any person for his use as such , under any law now or hereafter enacted, and that he will truly and faithfully perform all other duties now or hereafter lawfully imposed upon him as such , then this obligation to be void ; otherwise, to remain in full force. , [l. 8.] , [l. s.] , [l. s.] Signed, sealed, and delivered in presence of — JTtefoHowtng instmcHcns must be particularly observed and armpUed with ; 1st. The Christian names must be written in the body of the bond in full, and so signed to the bond. 2d. A seal of wax or wafer to be attached to each signature. 3d. Each signature must be made in the presence of two persons, who must sign their names as witnesses. 4th. The United States attorney of the district in which the sureties reside must certify that they are sufficient to pay the penalty of the bond, and are citizens of the United States. 5th. Bond to be dated, and signed by the consul and his sureties. 6th. The name of the State, county, and town in which the sureties reside should be stated in the certificate of the district attorney, 10 554 CONSTTLAR FORMS. FoEM No. 4 £ond to he given, by consids and eommercnal agenis noi mentioned in schedules B and G of Hie act of the 18th of August, 1856. Know all men by thrae presents, that we, and -, are held and firmly bound to the United States of America in the sum of thousand dollars, money of the said United States, to the payment whereof we bind ourselves, jointly and severally, our joint and several heirs, executors, and adminis- trators. Witness our hands and seals, this day of , 18 — . The condition of the above obligation is such, that if the above bounden , appointed of the United States at ■, shall truly and faithfully discharge the duties of his said office, according to law ; and also shall truly and faithfiiUy account for, pay over, and deliver up all moneys, goods, effects, books, records, papers, and other property which shall come to the hands of the said , or to the hands of any person for his use as such , under any law now or hereafter enacted, and that' he will faithfully perform all other duties now or hereafter lawfully imposed upon him as such , then this obliga- tion to be void ; otherwise, to remain in full force. , [l. s.] , [l. s.] , [l. s.] Signed, sealed, and delivered in presence of — IMfolkniring instmctions must be partictdai*li/ clbserved amd eotnplied with : let. The CbristiaQ names mnst be written in tlie body of the bond in full, and so signed to the bond. i2d. A seal of wax or wafer to be attached to each signature. Sd. Each signature must be made in the presence of two persons, who must sign their names afl witnesses. 4th. The United States attorney of the district in which the sureties reside must certify that they are sufficient to pay the penalty of the bond, and are citizens of the United States. 5th. Bond to be dated, and signed by the consul and his sureties. 6th. The name of the State, county, and town in which the sureties reside should be stated in the certificate of the district attorney. CONSTILAE FORMS. 555 FoEM No. 5. Endorsement of a Despatch. U. S. CONSULATE. [Name of Consulate and date.] [Name of Consul.] No.—. [Number of documenta enclosed.] Received . [An abstract of the contents of the despatch is to be placed here in as few words as possible.] Form No. 6. Endorsement of an Enclosure. ENCLOSURE. [Name of Consulate.] With despatch No. — . [Name or character of enclosure.] No.—. [ Date. ] FoEM No. 7. Address of Envelopes. To the Consulate op the U. S. of America at Secretary of State, Washington, D. C. The words " Commerce," " Aecounts," should be written at the left-hand lower corner when the despatch relates exclusively to either of these subjects. 556 CONSTTLAK FORMS. s o P3 O 1^ M H li "I 8 s i 1 2 1 '3 Pi m 1 O "S" a o u r p.« 1^ 1 o !2i 6 1 5 g «j- a CO g o 3 a 2, O -S 15 60 S .a § J:: a 3 o -S ,£3 CO n "3 CONSULAR FORMS. 557 g o g s U "f^ o % % a n? .2 w M 3 8 i • .3 ll ■si 1 a . III ja a Name of the firm or partjr for whom the semee is rendered. # 1 ^ s ^ 43 II ^ QQ « g la o S3 «■ CJ o o *^ .2 a I "3 5-i 558 CONSHLAB FORMS. O I □a u OS a s m oS „ „ sg^'-S-s Signatu he pers whom pasapo; grant "^ « 13 9' o o 1 1 1 1 ■f 1 ED 5 1 'i c W 1 Sd . it-r^ 111 ' p o O * Ih ^ 1 Ore if i 1 to 'C • t i ■ss ».« 1?9 •^ S ►e s . 1 1" i IS. o oj steward. , cook. Register and papers delivered to master, bound to . $110 16 50 Note. — Should any of the seamen or mariners have died at sea, or hare been lost overboard, on the passage, the fact will be reported at once by the master, and a note thereof made opposite to the same of such person so deceased or lost; as, for example, see Steward. Should any seaman or mariner be discharged, or desert, a similar note of the fact must be made opposite to such deserter's or discharged seaman's name ; as, for example, see Carpenter and Cook. In case any sea- man or mariner has taken the name of any other seaman or mariner, who may have deserted or other- vrise absented himself, after the clearing of the vessel, in the United States or elsewhere, such sea- man or mariner's correct and proper name must be entered opposite the name of the seaman or mariner so deserting or absenting himself; as, for example, see Boatswain. And in the event of the seaman or mariner's taking the name of another seaman or mariner as aforesaid, entering the hospital, being discharged, or deserting, the order to the hospital, certiUcate of discharge or desertion,.and consular returns must contain the name of said seaman or mariner so taking the place of the abscond- ing seaman ; as, for example, see Boatswain. CONSULAE FORMS. 567 Form, No. 21. Names of all deceased American' citizeiis, including seamen or mariners, together with the value of the personal effects belonging to them, and taken possession of by or deposited with , United iStates consul at ,from to Date of decease. Name of person. Of what place a na- tive or resi- dent. If a seaman, to what ves- sel belong- ing. "Where deceased. Value of effects. Disposi- tion made thereof. ' 1 FoEM No. 22.' CERTIFICATE OF INVOICE. Owner's or agent's oath, where goods, wares, or merchandise have . been actually purchased. I,- -, do solemnly and truly swear, (or aflB.rm), that the invoice annexed contains a true and faithful account of the actual cost of the goods, wares, or merchandise therein mentioned subject to ad valorem duty, and of all charges thereon, and of the actual quantity of the goods, wares, or merchandise therein men- tioned subject to specific duty ; and that no discounts, bounties, or drawbacks are contained in the said invoice but such as have been actually allowed on the same. Sworn to (or affirmed) and subscribed before me, — ■. , at , the day of , A.D. 18 — , and of the inde- pendence of the United States the — that I am satisfied that — : and I do further certify, — , who subscribes the fore- going oath, is the person he represents himself to be ; that he is a credible person ; and that the statements made by him under the said oath (or affirmation) are true. [L. S.] D". /S, Consul. 1 This form hafi been superseded by Form No. 142. 568 CONSULAE FORMS. Form No. 23.' CERTIFICATE TO INVOICE. Owner's or agents oaih, in cases where goods, wares, or merchandise have been consigned or obtained in any manner other than by purchase. I, , do solemnly and truly swear (or affirm), that the invoice now produced, and herewith annexed, contains a true and faithful account of the goods, wares, or merchandise therein mentioned subject to ad valorem duty, at their market value at at the time the same were procured, and of all charges thereon, and a true and faithful account of the actual quantity of the goods, wares, or merchandise therein mentioned subject to specific duty; and that the said invoice contains no discounts, bounties, or drawbacks but such as have been actually allowed. Sworn to (or affirmed) and subscribed before me, , at , the day of , A. d, 18 — , and of the inde- pendence of the United States of America the : and I further certify, that I am satisfied that '■ , who sub- scribes the foregoing oath, is the person he represents himself to be ; that he is a credible person ; and that the statements made by him under the said oath (or affirmation) are true. [l. s.] U. S. Consul. FoEM No. 24. Consular certificate of the value of currency. I, , consul of the United States of America, do hereby certify, that the true value of the currency of the of , in which currency the annexed invoice of merchandise is made out, is cents, estimated in American or Spanish silver dollars. 1 This form has been superBeded by Form No. 143. CONSULAE FOBMS. 569 FoBM No. 25. Bill for rent of consular office. Depaetment of State, United States, To , U. 8. Consul at ■ Dr. 186-. $ Street, No. , for quarter ending, this day, as per voucher No. . For loss by exchange on the above amount, at per cent., as per voucher No. Cb. By my Draft on the Secretary of State. 1 1 U. S. Consul at ■ NoTB. — Be caxefitl to sign this account, and transmit it to the Department of State before sending the draft. Kent of consular ofl&ce is allowed only to consuls classed in Schedule B, who are not per- nutted to engage in business or trade, whenever the President shall think there is sufficient reason therefor. FoEM No. 26. Voucher for hoarding and lodging. Consulate op the United States at , To , 18- For boarding and lodging , a desti- De. tute American seaman, from day of -, to , at per day [or week], % The above bill is correct. -, Seaman (or Mariner). Keceived , 18 — , from sum of dollars, in full of the above bill. , U. S. consul, the a 570 CONSULAR FORMS. FOEM No 27. Voiicherfor hospital expenses and medical aid. Consulate op the United States op Auerica at To — , Db. For medical aid and attendance supplied the following named destitute Ame- rican seamen admitted in and discharged from [here insert the name of the hospital] by order of , consul at , for the quarter ending , 18 — . When admitted. 1856. October.. NoTeraber.. Name of aeamen, 0. D... F. F.. M. 0., Date of discharge or decease. NoTember 22 tt 26 tt 12 Number of days at- tended, say at $1 per day. 43 £2 12 Amount. ■$48 12 $112 00 00 00 -, 18 — . Eeceived of - , V. S. consul, the sum of - lars and - ■ cents, in full of the above bill. -dol- FoEM Ko. 28. Voucher for Clothing. CONStrLATE OP THE UNITED STATES OP AMERICA AT To 18 — . For clothing furnished to -, a desti- tute American seaman, viz. : (Here name all articles of clothing ftiniished, including cost thereof) $ Delivered in presence of — ' Correct : Db. , , 18 — . Received of U. S. consul, the sum of ■ dollars and of the ahove bill. Seaman. ■ cents, in ftiU CONSULAR FOKMS. 571 Form No. 29. Receipt for two-thirds extra wages. Consulate or the IJNrraa) States op America at , , 18-. Received of , United States consul at , the sum of dollars, being the amount (or residue, as the case may be) of the two months' extra wages to which I am entitled under the acts of the 28th February, 1803, and of August 18, 1856, on my discharge from the of , , master. . FoEM No. 30. Consul's certificate given to masters when required to take to the United States destitute American seamen. Consulate of the United States of America, , 18-. I, the undersigned, consul of the United States of America for , and the dependencies thereof, do hereby certify that I have sent to by the whereof is master, A B, C D, and E F, three destitute American seamen, and have agreed with the said master that on presentation of this certificate at the Treasury Department, bearing an endorsement of the col- lector of customs at the port of , aforesaid, that the seamen herein mentioned have arrived in said vessel within his district, he shall and wUl be entitled to receive the sum of thirty dollars for their passage, being the sum of ten dollars for each seaman, in conformity to the laws of the United States made and provided for the relief of destitute American seamen. Given, etc. U. S. Consul. 572 coNsirLAB forms. FoEM No. 31. ConsuPs certificate, given to masters when required to take to the United /States more than two seamen for one hundred tons burden of a vessel. Consulate of the United States of America, ,18—. ' I, the undersigned, consul etc., etc., do hereby certify that I have sent to , by the , -whereof is master, G H and I J, two destitute American seamen over and above the number said vessel is by law required to take, and have agreed with the said master that on presentation of this certificate at the Treasury Department, bearing the endorsement of the col- lector of customs at the port of , aforesaid, that the seamen herein mentioned have arrived in said vessel within his district, that he shall and will be entitled to receive the sum of dollars for their passage, being the sum of dollars for each seamen, there being no other American vessel now in port bound for the United States in which to send home said seamen, in con- formity to the provisions of the laws of the said States, made and provided for the relief of destitute American seamen. Given, etc. U. S. Consul. Form No. 32. Affidavit or certificate of attending physician. 18—. I hereby swear (or certify, as the case may be) that A B, C D, and E F, sick American seamen, were attended by me during the quarter ending the day of , 18 — , and that the health of the said named persons was such during that time that it would have endangered their lives to have sent them on the homeward voyage. , M. D. CONSTJLAE FORMS. 573 =^ r 8 HZ; I ■tS'fl '1 QQ 1^ 8 3§ OOiOOOOOO iH iH r-( N CO ^ n ^ a « ^ E3 ■s°g lis * a « " s ce S b-i 'S EJ ■a : is o " B :■« a w> to « £.5 .a* £'2 S S .a So "3 9 5 S.2 i 2^ i'sji I MS" s-9 -i" a OQ ^1 -*a Sf> - » § ■o 2 S- * - « Si? S S.I s s U (U c U Fh fl oca §■§ "-'.£; o o'S ►^ o -*^ aOQ o ^ o a w -Ifi -^ ^ t* o qj o a S « S,_, S a s o i-H bO" GO a -^ P 574 CONSULAR FORMS. FOEM No. 34. Oath or certificate of consul to accompany transcript of register of fees. Form No. 8. On the day of — — ^ — , before me, the undersigned, per- sonally appeared , U. S. consul at , and made oath that the above and foregoing account, or report of'fees, is a full and perfect transcript of the register which he is by law required to keep ; that the same is true and correct, and contains a full and accurate statement of all fees received by him as sudi consular officer, or for his use, for his official services, to the best of his knowledge, during the period of time therein mentioned. U. S. Consul. Sworn to before me. Form No. 35. Certifi/aaie to he exeeuted and to accompany each quarterly account. Form No. 33. Consulate of the United States at , , 18—. I certify that I have not been absent from the dis^ct of my consulate (or commercial agency, as the case may be), for a longer period than ten days within the quarter embraced in the above and foregoing account. Note. — ^If absent for more than ten days at any one time, the consular officer should state the day his absence commenced and the day it ceased. CONSULAR FORMS. 575 FOHM, No. 36. Certificate to be execmied by each consular officer, and to accompany his first account. Consulate of the United States at , 18—.- , (consul or commercial agent, as the case may be), do certify that I entered upon the duties of this office on the day of , 18 — , and that I have since then continued in charge of the said office uninterruptedly to the pre- sent time. U. S. Consul. FoEM No. 37. Certificate to be used in prosecutions. United States Consulate, , 18-. Sir : A penalty is supposed to have been incurred by ^James Johnson'] of [JVew Orleans, commander of the brig Jackson, of that place'], for a violation of the section of the act of , ( — U. S. Statutes at Large, p. — ), for [refusing to d&posit the papers of the said brig with such consuT], and for ■which he is lia- ble to be prosecuted in my name, as consul of the United States for this port. You, or the proper law officer of the United States, are author- ized, at their proper costs and charges, to institute in my name a suit "to recover the same for their use and benefit, and the same to control, and to discharge, according to law, in such court having jurisdiction thereof, as you or he shall deem proper. Witness my hand and consular seal. [l. s.] TJ. S. Consul. Hon. , Secretary of State. 576 CONSULAR FORMS, FOEM No 38. CerHjkate given, to master on depodt of a ship's register or papers. Consulate of the United States op America, at- , 18— I, the undersigned, consul of the United States of America for , and the dependencies thereof, do hereby certify that -, master of the , has duly deposited in this consulate the register of the said , together with the crew list and shipping articles. Given under my hand and the seal of this consulate, the day and year above written. [l. s.] , U. S. Consul. FoEM No. 39. Certifieate given to master on delivery of a ship's register and other papers. Consulate op the United States op America at- , 18—. I, the undersigned, consul of the United States of America for , and the dependencies thereof, do hereby certify that -, master of the ship or vessel called the of , having this day exhibited to me the clearance of said vessel from the proper authorities of this port, I have delivered to him, the said master, the register and papers of the said vessel, duly deposited in this consulate on the day of , 18. — Given under my hand and the seal of this consulate, the day and year above written. [L.S.] , U. S. Consul. CONSULAR FORMS. 577 o 6 !2i i H XI O i o <= o o c o ■§ g c e o CO « iO s «» «» ■< *3 © ■V 1 § 1 i " 1 .= i * i O Fl C} 1 : i fl a 1 ii « .2 § ^ -3 g M 1" 1 ss S 2 ^n a a R TS o ■w (D n d i ^ 1 ^ « I 1 1 ^ ^ 1 s K t. 1 pq n i-i CO u ■| s ^ 3 i II o o o o ir lO <= o p S K, GS lO §3 <«• M- Bgi -'^ s f: t ^' ^ 1 (4 o ft S i; S.9 41 s o 3 1 pi p fe i -« c B 1-1 Til CO s CO « s ►. rf (§ = 1 3 I 73 578 CONSULAR FOEMS. Form No. 41. Certifieate of discharge of one or more seamen, to be dttaehed to crew list and shipping articles. Consulate of the United States of America at 18- I, the undersigned, consul, etc. etc., do hereby certify, that the under-named seamen or mariners have been duly discharged at this port from the of , according to law ; , the master of the said — — , having deposited in this consulate the extra wages as hereinafter set opposite to their names, respect- ively, viz. : Bate of discharge. Name of seaman or mariaer. Number of months* extra wages. Amount, Given, etc. CONSULAE FORMS. 579 FOEM No. 42. Declaration and oath of master to not being able to procure two-thirds of a crew of protected American seamen. Consulate of the "United States op America at - 18-. I, the undersigned, consul, etc. etc., do hereby certify, that on the day of the date hereof, before me personally appeared , master of the , and made oath, in due form of law, that he has been unable to obtain at this port two-thirds of a crew of protected American seamen to perform the voyage in said ship hence to . Given, etc. etc. [L. S.] ChnsuL -, Master. 580 CONSULAE FORMS. o T a LZ3 fl-i % O I! a M P4 O EH O g JJ § 03 03 o M S d 03 a o o ^^ (B ^ ;:; 5; o3 03 «s ^ _ • w n vT ri e4 o ■ o u at 13 .g g ^ ^ ^ 03 .a ^ ■^ •S -iS . 03 o O i t s -t ^ 9 g ^ e » a 03 3 a ji o 45 ^ OS =H 'T3 a 03 a 03 m 03 03 te 03 1 " « « ° 2 O ^ S r^ ^ fe ns GD O 5 'C tn ff "3 i-i ^ 1^ o3 o rS '3 o ff * •a " .fc "■ I d § ^ d S 1 S S 03 d « O o +f 03 Ph M 03 tS 2 -JS , >-l 03 rd 03 t< bO ■►= -W 2 03 03 ai 03 i g -s a -a 03 03 OQ ^i t^ 03 o3 ^ «H '^^ IS 03 " O d 03 03 03 rd 03 g O 03 ■^ ^H ^a Q, O 03 '^ 03 += I 2 CQ O CD (o il d 3 m 'o3 "^ M R" 5 3 i "^ ;»^ i ^ a -g -s °1 I ,js d -s 03 ~j . u 03 ^ -« «H 03 ■« .S d o »„ ^ *« . $ n o o 03 S3 g^ a § ^ ^ J 03 Ol a '^ 03 M fc^ K ,o T3 S a ^ 03 '^ d '^ -^ d 2 0, 9 ° d o O 03 03 ,2 03 03 O 03 03 i ^ 03 ^ 5 a 03 . § - 03 d "a 03 d d 03 .d 03 H 03 4 03 at -S d m d O o 03 03 03 13 03 03 ^ 03 l-H ^ d 03 03 rd 03 ■;"_ a m •rt 03 ^ d .a -5 S"" S 03 "5 03 " m 03 03 03 ^ - -^ -« 'g ^ ^ tn 4? ° ^ I. i S § a d =2 ^- a ■* -s § .a ^-S 03 -s u 03 .9 'O 03 QQ §^ a * 1 d :2 03 '0 ' 584 CONStTLAR FOBMS. FoEM No. 45. Uxtraet from transcript of fee book of those fees not enumerated and contained in return of fees prescribed m Form iVb. 44, received at the consulate of the United States at , from to , No. •20 31 50 60 Date. Name of yessel. Name of party- paying the fee. Nature of the servrice rendered. Amount. XT. 8. Consulate at ■ December 31, 18—. U.S. Consul. Note. — The number inserted in the above Form must correspond with the number of the fee in the transcript of fee book. Form |To. 46. CONSULAR PASSPORT. Age, — years. Statnre, Forehead, Eyes, Nose^ Month, Chin, Hair, ComplexloD, Pace, CoNSUIiATE OF THE UnITED StATEB OF AmeEICA. To all to whom these presents shall come, greeting : I, the undersigned, consul of the United States of America for , and the dependencies thereof, hereby request all whom it may concern, to permit safely and freely to pass, , a citizen of the United States, and in case of need to give him all lawfiil aid and protection. Given under my hand and the seal of the con- sulate, at , this day of , [seal.] a. d. 18-7-, and in the year of the independ- ence of the United States . CONSULAK FOKMS. 585 d I o 2 -I .5 a 13 i "SI ^ S. * 8 i i •to I 00 O ,« cS M ■diqauezijio JO aouapiAa ■aaw^ •uoixaidraoo ••traH ■^110 1 H s ■nonoji QQ P •aeo^ •Ba^a: •pBaqajo^ ejni)'B^g ■eSy ■& a Q ^ P o H "S 3 a j3 ^ o fe ^ f^ 65 ° & ^ 1 1 « . >• j-a 3 -jSs , §»fH ■3J= . S2S 111 «w "o^ •-•S'S •- N ■^^-a •s§^ Fg^ ^3& a a -a. 3-sg »'3 o. ^2« o lilt II 8| ^ ■!(>.> ■s^-^s a a g o, a^^sj'o feaass £J§S.s e .15 o 2 3 2 »"" a 1^ a>T! »*; be nat an and spo turn to al is a where , wife, ate pas 0) ? -u c n ■2 H 2 = S . -Q I o 2 •= ^ ^^ O 0ig o o a Co = « S DO O U 9*0 ft Poem No. 99.— Continued. OffliA of the master and mate. Port of We, - master, and of . , mate, of tlie lately arrived in the port of , from , in the United States of America, do solemnly swear that the goods or merchandise enumerated and described in the preceding certificate, dated the day of , and signed by , of the city of , merchant, were actually delivered at the said port from on board the said , within the time specified in the said certificate. Sworn at the - 18—. ■of ■ -, before me, this ■ - day of U. S. Consul. — , Master, -, Mate. Consul's certificate. I,- - of the United States of America at the - of , do declare that the facts set forth in the preceding certificate, subscribed by , of the said city, mer- chant, and dated the day of , are (to my know- ledge, or in my opinion) just and true, and deserving full faith and credit. In testimony whereof, I have hereunto subscribed my name, and affixed the seal of my office, at , this day of , 18—. [L. s.] Z7. S. ConsuL Merchants' certificate. Oi eg -^ ■'* " m «« So « --a S ''S s S a o S M u'2 o £ a -< o s Bj ^ ® .g -g g We, - -,of- merchants, residing at the -, do declare that the facts stated in preceding certificate, signed by , of the said , mer- chant, on the - ■ day of - -, are (to my knowledge, or in my opinion) just and true, and worthy of full faith a-nd credit. We also declare that there is no consul or public agent of the United States of America, nor , now residing at this place. Given under this day of - - hand-, at the - ,18- -of- -, aforesaid. 616 CONSULAR FOEMS. Form No. 100. Application of a citizen of the United States for a sea letter. ,18—. U. S. Consul at - Sir: The undersigned, a citizen of the United States of America, residing in -, State of ^ , temporarily sojourning in , having this day pur- chased the American ship f of , of the burden of tons, re- spectfully solicits the requisite sea letter and papers identifying the under- signed as the owner, and that will enable the said ship to remain under and wear the flag of the United States of America. Said sea letter and papers will be requireduntil such time as the said ship may arrive within the jurisdiction of a collector of the customs of the said United States, authorized to receive the same, and to issue in lieu thereof a new register or such papers granted by the laws of the United States to the owners of American vessels, purchased in foreign countries by citizens of the United States of America. EespectfuUy, your obedient servant, FOEM No. 101. Sea letter. To all to whom these presents shall come or may concern, Greeting : Know yb, That whereas the , of , of the burden of tons, described in the bill of sale and register hereto annexed, was duly sold at this port on the day of , at public auction, for account of whom it may concern, unto , a citizen of the United States, he being the highest bidder therefor. And whereas the said ■- — , desiring that the said shall remain under and continue to wear the American flag until her return to a port in the United States, where may be obtained a new register or such other papers as are usually granted to American vessels purchased by citizens thereof in foreign countries. Now, therefore, in consideration of the foregoing premises, this sailing letter is granted, with perihission to the said , whereof is master, to proceed hence to , and there procure such register or papers, in accordance with the laws regulating the registering of vessels purchased by citizens of the United States, as aforesaid. This sailing letter to be used for the purposes above described only, and to be delivered to the collector of customs where the said vessel shall first arrive in the said United States. Given under my hand and the seal of the consulate of the United States at , this day of , A. D. 18 — . [L. s.] , U. S. QmsuL CONSULAR FORMS. 617 FOKM No. 102. Certificate of new ownership of a vessel. Consulate of the United States op Ameeica at ■ , 18-. I, the undersigned, consul, etc. etc., do hereby certify that it appears by a bill of sale, dated , 18 — , executed by and , of , State of , before -, that the ship , named and described in the within register, has been duly transferred and sold unto -, of , and that they are now the legal owners of the said ■ Given, etc. U. S. Consul. Form No. 103. Order to pay, at home, seamen's wages or voyages. , 18-. Ship and owners : On the termination of the voyage of the — ■ , pay to , or order, what may be due to him for his voyage in said , he being this day discharged at this port by mutual con- sent. The said is entitled to the lay, the ship having been out, and he having served in her at the time of his discharge months and days, and the quantity of oil and bone taken, including that held and shipped, as well as that now on board, being barrels of whale oil, and pounds of bone. Master. Witness : 78 618 CONSULAK FOEMS. FOBM No. 104. JlfasferV etehnowledgment to the same. Consulate op the United States of America at -, 18-. I, the undersigned consul, etc., do hereby certify that on the day of the date hereof, before me personally appeared master of the , of , who, in my presence, and in presence of the witnesses thereunto, signed the foregoing^ order, and acknowledged the same to be correct in all of its par- ticulars, and to be his voluntary act and deed for the purposes therein mentioned. Given, etc. U. S. Consul. Form No. 105. Qyiisul'a order to send seamen to hospital. Consulate of the United States of America at , 18-. SiE : You will please admit into your hospital ■ an invalid destitute American seaman, requiring medical aid, for account of this consulate. I am, sir. Your obedient servant. -, M. D. U. S. Conml. CONSULAE FORMS. 619 FoEM No 106 Consuls order to imprison seamen or mariners. Consulate of the United States op America at -, 18-. Sir : , , and , part of the crew of the , of , whereof is master, recently arrived in this port from , having con- ducted themselves in an improper and insubordiate manner on board, and positively refused to do duty, I have the honor re- spectfully to request that you will please cause the said named persons to be arrested, brought on shore, and imprisoned until I can find it expedient to give them their liberty. I have the honor to be, sir, your obedient servant. U. S. Consul. To , Captain [or authorities of the port]. BToTE. — See section 541 et seq. of the Regulations. Form No. 107. ConmCs orde/r to release seamen or mariners from, prison. Consulate op the United States op America at , , 18-. Sir : I have the honor to request that you will please cause to be released from prison , , and , the seamen or mariners belonging to the — , master. I have the honor to be, sir, ?7. S. Consul. To , Captain \pr other authorities of the port]. 620 CONSULAE FOEMS. FOEM No. 108, Consul's letter requesting the arrest of deserters. Consulate of the United States of America at -,18- Sib: longing to the from - -,of- , and - -, whereof — -, three of the seamen be- is master, recently arrivejj , having absconded at this port from the said , I have the honor respectfully to request that you will please cause warrants to\ be issued for their arrest and imprisonment, and that they be retained subject to the order of this consulate, I have the honor to be, sir, your obedient servant. TJ. S. a in full of the above bill. Form No. 112. Seen at the consulate of the United States of America at , 18 — , and good for the voyage to [or journey, aa the case may be]. V. S. Conml. 622 CONSTJLAK FORMS. Form No. 113. Bill of sale of a vessel. Know all men by ttese presents, that we, and - owners of the , of , for and in consideration of the sum of to in hand paid at or before the ensealing and delivery of these presents by , the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred and set over, and by these pre- sents do grant, bargain, sell, assign, transfer and set over, unto the said , executors, administrators and assigns, — together with , her masts, yards, sails, rigging, anchors, cables, boats, tackle, apparel and appurtenances as she , and as she is more particularly described in a certificate of register granted her at the port of , in the following words : [Here insert copy of the register.] To have and to hold the said , and the appurtenances thereunto belong- ) ing, unto the said , executors, administrators and assigns^ to the only proper use and behoof, and as the proper goods and chattels, of the said , executors, administrators and assigns, from hence- forth, for ever ; and we, the said and , for ourselves, our executors and administrators, do hereby covenant and agree to and with the said , executors, administrators and assigns, that at the execution of these presents, we are, as aforesaid, the true and lawful owners of the said , called the , of , with, the appurtenances thereunto belonging, and have full right and authority to sell and dispose of the same, \ and that she is freed from and cleared of all claims, encumbrances or demands whatsoever. In witness whereof have hereunto set hand- and seal-> the day of A. D. 18 — [L.S.] , Signed, sealed, and delivered in the presence of — [l. s.] TOKM No. 114. Acknowledgment to bill of sale. CONSTOATB OF THE TTHITBD StATKS OF AhEBIOA AT , ,18-. I, the undersigned consul, etc., do hereby certify that signed and sealed the above bill of sale in my presence and in presence of the wit- nesses thereto, and acknowledged the same to be his aet and deed for the pur- poses therein mentioned. Givsn, etc. U.S. Consul. CONSULAE FOEMS. 623 Form No. 115. Mortgage hill of sale of a vessel. Know all men by these presents, that whereas is indebted unto -, of , in the sum of dollars, and to secure the pay- ment thereof on or before the , the said desires to mortgage all his or vessel called the , of : Now know ye, that the said , for and in consideration of the premises, and also of the sum of one dollar to in hand paid at the time of the ensealing and delivery of these presents, by , the receipt whereof is hereby acknowledged, granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bargain, sell, assign, transfer and set over, unto the said , together with , her masts, yards, sails, rigging, anchors, cables, boats, tackle, apparel and appurtenances, as she is at this time, and Is more particularly described in a certificate of register granted her at the port of , in the following words : [Here insert copy of register.] To have and to hold [as per concluding part of a bill of sale for a vessel]. Provided always, and these presents are upon this condition, nevertheless, that if the said , executors or administrators, shall well and truly pay, or cause to be paid, unto the said , executors, administrators or assigns, the sum of , and the interest, at the time limited as aforesaid, that then and from thenceforth these presents, and everything herein con- tained, shall cease and determine, and be absolutely void; otherwise, to be and remain in full force and virtue. And it is hereby covenanted and agreed, by and between the parties to these presents, that if default shall be made in the payment of the said then and from thenceforth it shall be lawful for the said , execu- tors, administrators or assigns, to enter upon and take possession of or vessel, her masts, yards, sails, rigging, anchors, cables, boats, tackle, apparel and appurtenances aforesaid; and to grant, bargain, sell and dispose of the same, and all other the premises aforesaid, at public auction or vendue, in the city of , or elsewhere, first giving days' notice of the time and place of such sale, and as the attorney of the said , or otherwise, to make, seal, execute and deliver to the purchaser or purchasers thereof a good and sufficient bill of sale, or other conveyance therefor; and out of the moneys arising &om such sale, to retain all such sum or sums of money which shall then be dne on such , according to the true intent and meaning thereof; together with all costs and expenses attending snch sale ; returning the surplus money (if any) to the said -, executors, administrators or assigns. In witness whereof, have hereunto set hand and seal this day of , in the year of our Lord one thousand eight hun- dred and . -. • [L. s.l Signed, sealed and delivered in the presence of — 624 CONSTJLAIl FORMS. FOKM No. 116. Protest of the master of a vessel against charterers or freighters. Whereas, the surveyors of the ship , of , master, of the day of , have recommended the said ship to proceed to a port of discharge, in the United States, after temporary repairs, and with as much cargo as will render her perfectly safe, and that she be there thoroughly over- hauled and permanently repaired. And whereas, in order to reach a port of discharge with safety and despatch, where the repairs recommended in the said survey may be done and per- formed, it is better for all parties concerned that the voyage should be made direct from the port of to the said .port of permanent repair in the United States. And whereas , master of the ship ; , of , aforesaid, has determined to proceed direct to the port of , there to thoroughly overhaul and repair the said ship, as recommended by the said survey, but in order to accomplish this end, and in lieu of touching at for orders, and for the privilege of the said direct port, he has been obliged to give up and yield to the charterers of the said ship one dollar per ton upon the number of tons of , delivered at the said port of , amounting in the aggregate to the sum of dollars, more or less. Now know all men by these presents, that on the day of the date hereof, before me, , consul of the United States of America for , and the dependencies thereof, personally came and appeared , before named, and after stating the facts contained in the foregoing premises, hath protested, like as by these presents, I, the said consul, at his special instance and re- quest, do publicly and solemnly protest, against all and every person and persons whom it doth, shall, or may concern, and against the charterers of the said ship, for exacting the amount of dollars, aforesaid, claiming and demanding the reim- bursement of the same from those to whom the same of right may appertain by way of average or otherwise upon the arrival of the vessel at the port of permanent repairs as aforesaid. In testimony whereof, the said hath hereXinto subscribed his name, and I, the said consul, set my hand and affixed the seal of this consulate, this day of [l. s.] , A.D. 18—. Master of the , ■ — . U. S. Consul. CONSTTLAR FORMS. 625 Form No. 117. Average bond. Whereas, the • of- of the burden of - tons, to laden -with ■ master, on her voyage from — — , encountered boisterous and tempestuous wea- ther, whereby she became disabled, and for the safety of all con- cerned had to be carried into , where fhe cargo was landed and the vessel repaired, and certain expenses were thus incurred in the nature of general average ; and the said vessel having arrived at the port of , the said master declines to deliver the said cargo, or any part thereof, until he is secured in the payment of all such average, share, or proportion of the said expenses as justly falls unto the said cargo. Now we, the subscribers, owners and consignees of the cargo shipped on board the , at , as aforesaid, do hereby promise and agree and bind ourselves re- spectively by these presents, to pay, or cause to be paid, to the said master, or his assigns, our respective proportions or parts of the general average, and other expenses accrued or accruing as above mentioned, as soon as the same shall be properly adjusted and ascertained agreeably to established custom, usage, and rule of trade in in similar cases. \ , 18-. Katne of owner and consignee. Cargo. Interest. 79 626 CONSULAR FORMS. Form No. 118. Charter party. This charter party of affreightment, made and concluded this ■ day of , in the year of our Lord eighteen hundred and , hetween , of the city of , mer- chants, agents for the American brig or vessel called the - of , now lying in the port of , whereof -. is master, of the one part, and , of , aibre- said, merchants, charterers or freighters of said brig, of the other part : Witnesseth, that the said — f as agents aforesaid, for the consideration hereinafter mentioned, have this day letten the said brig or vapael to freight, and by these presents do let her whole reach, bur- den, and appurtenances to the said freighters, reserving only the cabin for the master and oflBcers and sufficient room under the deck for the crew, provision, cable, etc., for a voyage from to , or to , at the option of said freighters, with the privilege of using the port of for orders ; and the said freighters have, by these presents, hired the same in manner and form following, that is to say : that the said brig is now, and at all times during the said voyage shall be, at the expense of her owners, to be kept tight, staunch, and strong, well manned, victualled, and provided with everything necessary for the said voyage, and also that the said brig, being now ready, shall immediately receive and take on board in the port of as said brig can with safety stow and carry, which are to be furnished by the said freighters, alongside of said brig within reach of her tackle; and also that said brig, being so laden, the master shall, with the first favorable opportunity of wind and weather thereafter, depart with the said brig, and the cargo on board, and proceed direct to any one of the above-mentioned ports or places as may be designated by the said freighters, or he shall proceed direct to ■, to receive orders, and then proceed to whichever of the said ports or places he may there be directed to proceed to, and upon his arrival at such port, make a safe delivery of the said cargo to the said freighters, their agents or assigns, in the usual and customary manner of delivering such cargoes in such port, the delivery to be made within reach of the brig's tackle ; and for the loading at and unloading at the outward port or ports shall lay ■ ■ — running days, if required, and so end the voyage, the dangers of the seas, restraints of princes and rulers, fire and enemies, during the time, always excepted. In consideration whereof, the said ■ promise and agree not only to deliver the cargo at ■■ ■■ — , as aforesaid, receive the same at one of the ports in Eturope as aforesaid, within the days limited as aforesaid, but shall and will pay or cause to be paid to , of ^ their agents or assigns, in full for the freight, hire and port charges of said brig and for each and every ■■■ , and - — ■■ for each and every ■ — ■ on board the said brig, >Tith ■ - ■ — per cent, primage, the whole to be considered earned, due, and payable on delivery of said cargo at the port of dis- charge, free and clear of any commissions or discounts whatsoever, in the lawful currency of ^ together with the sum of demurrage for each and every day that said brig shall be detained over and above the time hereinbefore limited, provided the same shall be caused by the said fi:eighterB, their agents or assigns. And for the true and faithful performance of this agreement, according to its true intent and meaning, the said agents bind the said — — ~- ■, and the freight earned and to be earned, and the said freighters bind themselves and the mer- chandise laden and to be laden on board the said brig, each to the other, in the penal sum of , lawful money of , firmly by these presents. In witness whereof, the said parties have hereunto subscribed the names of their respective firms, the day and year aforesaid. Signed, sealed, and delivered in presence of CONSULAR FORMS. 627 FOEM No. 119. Charter party. This charter party of affreightment, made arid concluded this day of , in the year of our lord eighteen hundred and , between -, of , owner of the or vessel called the , of , of the burden of tons, or thereabouts, of the one part, and ■ of , of the other part : Witnesseth, that the said , for him- self and the other owners of said vessel, for the consideration hereinafter men- tioned, hath hired to freight, and by these presents doth hire to freight, the said , her apparel and furniture, for a voyage to commence at , and on the arrival of said there, the master shall receive and take on board (in the usual manner in that port) as full a cargo of as said vessel can with safety stow and carry under decls ; and immediately after being so laden, the master shall, with the first favorable opportunity of wind and weather thereafter, proceed with the vessel and said cargo direct to the port of , and upon her arrival there make a safe delivery of the said cargo in the cus- tomary place or places, and in the usual manner of making deliveries in similar cases, to the said , his agents or assigns, and for orders and for loading at , running lay days, and for unloading on her return to shall lay, say days, if required, and so end the voyage, thfe dangers of the seas, restraints of rulers, and other unavoidable accidents, always excepted. In consideration whereof, the said covenants, pro- mises, and agrees, not only to deliver a cargo as aforesaid at , and re- ceive the same at as aforesaid, but' shall and will pay, or cause to be paid, to the said , his agents or assigns, in full for the freight hire of said , for the voyage aforesaid, in lawful money of the United States, for each and every hundred pounds of that may be shipped at , with dollars, lawful money aforesaid, for each and every day that said vessel may be detained by said freighter over and above the days hereinbefore limited, the whole amount to be considered earned, due, and pay- able on the landing of said cargo at .' And for the true and faithful fulfillment of this agreement, according to the true intent and meaning thereof, the said part owner binds the said , her tackle and appurtenances, and the freight earned and to be earned ; and the said freighter binds the cargo laden and to be laden on board, each to the other, in the penal sum of dollars, firmly by these presents. In witness whereof, the said parties have hereunto set their hands and seals, the day and year aforesaid. . [seal.] . [seal.] Signed, sealed, and delivered in the presence of 628 CONSULAR FORMS. Form No. 120. in the name of God, Amen 1 I, , of , being of sound mind and nndeistanding, do make this my last will and testament, as follows, viz.: Firstly. I desire that all my just debts, funeral and testamentary expenses be paid and satisfied by my executors, hereinafter named, as soon after my decease as practicable. Secondly. I give, devise and bequeath unto [all and every of my household furniture, linen, wearing apparel, books, plate, and also all such sum and sums of money which may be in my house or about my person, or which may be due and owing to me at the time of my decease]. Thirdly. Etc., etc. And I do nominate, constitute and appoint to be my execu- tors of this my last will and testament, hereby revoking all former or other wills made by me at any time heretofore, and declare this to be my last will and testament. In witness whereof, I, the said , have, to this my last will and testament, set my hand, the day of , in the year A.D. 18—. Signed and declared by the said < , the testator, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Form No. 121. BUI of Health. Consulate or the UinTED States of America at I, - — —^ — , consul, etc., do hereby certify, that the or vessel called the , of , of the registered burden of tons, whereof '■ is master, navigated by men, and having on board passengers, being in all persons on board, cleared this day at ^ this port for . I further certify, that in this port and its vicinity good health xwevails, without any suspicion of plague or contagious distemper whatsoever. ' Given, etc. U. S. 'Oomid. CONSTJLAE FOEMS. 629 FOSM No. 122. Acknowledgment to a deed or instrument of vfriUng. On this day of , a.d. 18 — , before me, the under- signed, U. S. consul for , personally appeared known to me to be the person described in, and who executed the foregoing deed, and acknowledged the same to be his act and deed, and declared that he had executed the same freely and voluntarily, to the uses and for the purposes therein men- tioned. Given, etc. [l. s.] , U. S. Cmmd. Form No. 123. Usual form of draft. Consulate of the United States of America at 18- $ Fifteen days after sight (acceptance waived), of this my first of exchange (second and third of the same tenor and date unpaid), pay , or order, ^5-5- dollars, the amount of disbursements at this consulate on account of , for the quarter ending , as per advice. U. S. Consul. Hon. , Secretary of State [or Secretary of the Treasury, as the case may Je] of the United States, Washington. Note. — The quarter is reckoned at the Treasury from the commencement of the fiscal year, which is on the Ist of July. In drawing upon the State or Treasury Department, consular ofiScers will always insert in their drafts the words " accept- ance waived." ' 630 CONSULAR FORMS. Form No 124. Second form of draft. OP THE United States, -, 186—. 9' Fifteen days after sight of this first of exchange (acceptance waived, and endorsements by procuration excepted), second and third unpaid, pay to the order of '■ , dollars, and charge the same to my account for . U. S. Gonml To the Hon. , Secretary of - Washington, D. G. FoEM No. 125. Form of certijkate to accompany the account of a salaried consul while receiving his instructions, immediately after appointment. I hereby certify, that I have been actually and necessarily occupied in receiving my instructions days ; that is, from the day of , 18 — , the date of my commission as United States consul at , to the day of fol- lowing, the date of the receipt of the despatch from the Depart- ment of State enclosing my passport. U. 8. Conml. CONSULAR FOEMS. 631 FOEM No. 126. Form of certificate to accompany the account of a salaried consul for compensation while making the transit to his post of duty. I hereby certify, that I have been actualfy and necessarily- occupied in making the ti-ansit between my place of residence and post of duty days, having left , the place of my residence, on the day of , 18 — , and arrived at , my post of duty, on the day of following. U. S. Conml. Form No. 127. Form of certificate to accompany the account of a consul for compensa- I tion while making his transit from his post of duty to his place of residence. I hereby certify, that I have been actually and necessarily occupied in making the transit between my post of duty and the the place of my residence days, having left , my ^ost of duty, on the day of , 18 — , and arrived at , my place of residence, on the day of fol- lowing. Late U. S. Consul. 632 CPNSUI-AB FORMS. a g §, .r -I "^ on ^ ■ & (M 'e oo »» T-H -S i-i 9 ^ tS ^ •s f1 o o -&>, ts * Uh w .| S, a o i ■i g s ;3 oo oooo oo ooo o c>,o_^c>.o_>o,o_ ua t~o to o us ffi COiH U3U3l-< oo :o o o_S, :o^e| tao" iOta 00 ira ;Oo3 3 o 3 iiD9«* 33sai 5--.ia| 15 s « OQEH HOC < Sa ■sis -13 3 3 5 8,8 3.. ' 3 » - illiili p a s « <» ai^ C4 CO ua Ol iH iH i-l r- -I r-t iH CO 1-1 "* I- oeoooo o II O >iO Ml id" St ;-9 i-S sags B'a S - o o p e S 3 E e ? o t; I o^ o w>® o o o e in Hi-(iHi-l N iHMW*pH CO U dm ion M CO O « fH iH fH r-4 M i-( CO iH ^ r a ■O § a a ^ d S. 8 -S "^ at i-H _EiD bo *2 "3 CO ^ ^ 03 'S 'S -5- rti rt t; >■ l» CONSULAR FOEMS. 633 I. -is is o ^ ^ •a -a g « S ^ a '^ € ... " ^ 0) "3 §=5 .a 9 ^ 1' s§ o o a o ffi ^ ^1= a in I 0) bo u S"3 a £ S » ES O ^* "S.a " 03 o a a u = a a §*^ a . « g 60 >, s £ a Hi-^ o jq a sA la o "35 2 a § S a a a t-, ■a 80 634 CONSULAR FORMS. FOEM No. 130. Exchange Voucher. I, the undersigned, consul of the United States at , do hereby certify that I have this day sold my draft for , dated , for -j-j-jt dollars, ($ nnri) *" > and have received from therefor , making in United States currency ^-j-j- dollars ($ -^^ ;) the difference between which sum and the amount of said draft, namely, , being the loss actually and necessarily sustained by me in the negotiation and sale of the same. And I do further certify that the said , who ha- signed the foregoing certificate , residing and doing business as such at this place. U. S. Crnisvl. FoEM No. 131. Oath of Allegiance. I, , do solemnly that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged -in armed hostility thereto ; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever under any authority or pre- tended authority in hostility to the United States ; that I have not yielded a voluntary support to any pretended government, au- thority, power or constitution, within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic ; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation or purpose of evasion ; and that I will well and faithfully dis- charge the duties of the office on which I am about to enter : So help me God. Sworn to and subscribed before me, this day of . CONSULAK FORMS. 635 CO o o I Hi & QQ 8 S 0^ I J ^ t§ Disposition of fines and fees. Amount of fees charged and received. Amount of fines imposed. 1 a S.-S Name and nationality of defendant. » Name and nationality of pla,intiff. Date of first pro- ceedings. s e •fe. 636 CONSULAR FORMS. Form No. 133. Form, of bond for a Marshal of a Consular Court. Know all men by these presents, That we, , , and , of the of , in the of , are held and firmly bound unto the United States of America in the sum of thousand dollars, lawful money of the said United States, to be paid to the said United States : for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Signed with our hands and sealed with our seals this day of , 18= — . The condition of the above obligation is such, whereas the Pre- sident of the United States hath, pursuant to law, appointed the said to be Marshal of the United States for the Consular Court of , to have and to hold the same, with all the rights, privileges, and emoluments thereunto lawfully appertaining, dur- ing the pleasure of the President for the time being, as by a com- mission to him bearing date the day of — ■- , 18 — , more fully appears. Now if the said shall faithfully perform all the duties of the said oflBce of Marshal, then this obligation to be void ; other- wise, to remain in full force and virtue. Witnesses : ^ . [l. s.] . [L. S.] . [L. S.} FoEM No. 134. Form of a eertifieate to he executed jointly by the outgoing and incoming consular officers. ■ OF THE United States ( ^^^^^^ } at We certify, on this the day of —, the services of A B ceased, and he is entitled to his salary, or fees, including said day ; and that the services of C D commenced the day following, he having received the archives, a full and complete inventory of which is hereto annexed, as required by the Consular Regulations, Chapter XXIII. , U. & Consul. , late U. 8. Consul. CONStTLAE FORMS. 637 Form No. 135. Despatches and Enclosures, Despatches are to be written in a fair, round hand, on cap paper, wide lines, with a margin one inch wide on each side of the paper. Marginal notes, indicating the subject-matter of the despatch, should invariably be placed upon the external edge of the pape* ; otherwise, when a series of despatches is bound, the inner references would be useless. Despatches are to be numbered near the top "of the first page, and also on the endorsement. Poem No. 136. Staiement of Fees received at the ■ for passports for the quarter ending ■ ■ of the United States at ■ No. Date. Name. Fees. Bemarks. (Signed) A B, Minister {or Consul) of the United States. 638 CONSULAE FORMS. Form No. 137. Department op State, United States, To U. S. Consul at -, Dr 18—. For postage on official correspondence to and from this Consulate, for the quarter ending this day, as per Forms IfTos. 12 and 13, herewith transmitted $ For freight and charges on boxes and packages to and from the Department of State, as per voucher No. — For flag " " " For consular seal " " " For consular press " " " For consular arms " " " For record books " " '• For binding consular letters " " " For blank forms, as prescribed by the Department of State, voucher No. — For loss by exchange on the amount of this account. say $ , at per cent., as per voucher ITo. Cr. By my draft on the Secretary of State $ = $ 1 7 U.S. Cmx il at N. B. — Be careful to sigu this accoant, and to transmit it at or before the time of making yonr draft. CONSULAR FOKMS. 639 -^ •■s I 534 i 00 CO O o J -S a ft? I. 1 a 1 Fees for the quarter end- ing Dec. 31. Fees for the quarter end- ing Sept. 30. Fees for the quarter end- ing June 30. Fees for the quarter end- ing Mar. 31. n 1 o 9 m u "sl s I 640 CONSUXAR FOEMS. FOEM No. 139. Form of a consular aeeount for compensaMon while receiving instructions. GOTERNMENT OP THE UNITED StATES De. To , Consul of the United States at ■ For compensation for the period, namely, days, from to , actually and necessarily occupied in receiving instructions, as per certificate, hereto annexed, agreeably to Form No. 125, $ Eeceived payment, » U. S. Consul To Hon. Secretary of the Treasury. FoEM No. 140. Form of a consular account for compensation while making the transit to the consul's post of duty. Government op the United States De. To , Consul of the United States at , For compensation for the period, namely, days, from to , actually and necessarily occupied in making the transit between my place of residence at and my post of duty , as per certificate hereto annexed, agreeably to Form No. 126, . . . | Ce. By my draft on the Secretary of the Treasury, . . $ U. 8. Consul. NOTB.— The dayi in which the conmil 1b vmuetaarU]i delayed in making the transit most be deducted. CONSTTLAE FORMS. 641 tS P o o ■< >^ P? Pi? K izi O Cb 05 s s? ,jQ ^^ ,-a -M en L, SJ^ . in C_P •* ra aj -^ . ° o.S c '+3 i ■ o o Ph , ■^ oi o I CD a g (B O «&«(» .a Pi O < . >■ © S3 S o .S a a 03 ' a • o oa 3 ft • o ■ bo ft Ch as ., • S * 50 ^< 00 (» rt -G Q ^1 OQ S O « ® rt S 5 ^ pro a "^ a 'S^ >, r 0) (c jH S boo 03^ " ° ft -^ §"3 -fa 0) g , >j :« o o O 5Q ^ S "^ 2 ^ 2 ° a3r=3 ftia=" fp' o 3 'I wpq w =M 3 O o d IS 2 ■ ■• 03 tn ^ > " 03 •S " ft u ■03 o 03 03 ft $ 3 03 81 642 CONSTTLAE FOEMS. 'XS o a- o 8 I "8 8 J !zi CONSTJLAE FORMS. 643 FOEM No. 143.' Declaration to be made by the owner or manufacturer, or duly author- ized agent of such owner or manufaeturer, where goods have been procured otherwise than by purchase, and to be endorsed on, or attached by seal and tape to each of the triplicate invoices. I, , of , do solemnly and truly declare that I am of the goods, wares, and merchandise in the within invoice mentioned and described ; that the said invoice is in all respects true ; that it contains a full and true statement of the actual market value of said goods, wares, and merchandise, at the time and place, when and where, the same were manufactured or procured, of the actual quantity of said goods, wares, and mer- chandise, and of all charges thereon ; that no discounts, bounties, or drawbacks are contained in said invoice, except such as have been actually allowed thereon ; and that no invoice different from the one now produced has been or will be furnished to any one. I further declare that it is intended to make entry of said goods, wares and merchandise at the port of , in the United States of America. (Signed in triplicate.) Dated at , this day of , 18—. KoiE. After the word "I," insert the name of the person making the declaration; after the word " of," insert the name of the place ; after the words " I am," the corresponding designation as manufactiirer or owner; after the signature, insert the designation. I See Circular No. 35, April, 1863. 644 CONSULAE FORMS. FoEM No. 144.' Certificate of consular officer to be endorsed on, or attached by seal and tape to each of the triplicate invoices. I, , of the United States at , do hereby certify that at , on this day of , Anno Do- mino 18 — , the within invoice, numbered , in which are mentioned and described certain , amounting, with the charges thereon, to the gross sum of , was produced to me by in person, the of the goods, wares, and mer- chandise therein mentioned, who thereupon declared in writing, in my presence, that it was intended to make entry of said goods, wares, and merchandise at the port of , in the United States of America. I do further certify that I am satisfied that the person making the declaration hereto annexed is the person he represents himself to be ; that he is a credible person, and that the statements made in the said declaration are true. Witness my hand and seal of office, at the day and year aforesaid. [L. S.] Note. — ^Insert, after the name in the first line, the proper title of the coDsular office, and after the word " certain," a general description of the kind of merchandise mentioned in the invoice. On the [l. 8.] place the seal of the consulate. Form No. 145.^ Receipt of master of vessel for invoices to be delivered to the collector of customs at the port of entry. 18— I acknowledge the receipt of a package of invoices made up and sealed with the consular seal of the consul at this port, directed to the collector at , which I promise to deliver on the entry of the [ship or other vessel] under my command, at the said port of . [Signed] Master of ■ 1 See Circular Ho. 35. ' See Circular No. 34. CONSTJLAK FORMS. 645 Form No. 146.^ TABLE OF EQUIVALENTS.^ Hates of foreign money or currency. FIXED SrS LAW. Ducat of Naples Franc of France aud Belgium !Floviii of the Netherlan(& Florin of the southern states of Germany Florin of Austria Florin of Trieste Florin of Nuremburg Florin of Frankfort Florin of Bohemia Florin of the city of Augsburg Guilder of Netherlands and other places, same as florins Lira of the Lombardo and Vene- tian kingdom Livro of Leghorn Livre tournois of France Lira of Tuscany Lira of Sardinia. Livre of Genoa Milrea of Portugal Milrea of Madeira Milrea of Azores Marc banco of Hamburg Ounce of Sicily Pound sterling of Gi'eat Britain Pound sterling of Jamaica. Pound sterlingof British proTinces of Nova Scotia, New Brunswick, Newfoundland, and Canada Pagoda of India. Pagoda star of Madras. Real vellum of Spain... Real plate of Spain Rupee Company. Kupee British India Rix dollar (or thaler) of Prussia and the northern states of Ger- many. Rix dollar of Bremen Dollar thaler of Bremen of 72 grotea Rix dollar (or thaler) of Berlin Rix dollar (or thaler) of SEUony... . Rix dollar (or thaler) of Leipsic— . Rouble, silver, of Russia Specie dollar of Denmark Specie dollar of Norway Specie dollar of Sweden lael of China 16 16 18,6 18.6 1 32 1 00 36 2 40 4 84 4 84 4 00 1 94, 1 84 5 10 44} 7S% 71 69 76 1 05 1 06 1 06 1 48 Fractional parte of the currency. 100 grani 100 centimes 100 do 60 kreutzere 60 do 60 do 60 do.... 60 do 60 do 60 do 100 centisimi 20 soldi 20 soldi 4 reall 20 soldi 1,000 reas 1,000 reae 1,000 reas 16 BhilliDgs. 30 tari 20 shillings. 20 shillings. 36 fanams.. 36 do S4maravediB 34 do 16 annas 16 do.—. 30 groschen 72 grotes 72 do 30 groschen SO do 30 do..... 100 kopecks.. 6 marks 6 do.... 48 sklllings. 10 mace 4 pfennings... 4 do 4 do 4 do 4 do 4 do 4 do 100 millessemi. 12 denair 12 denair 20 soldi 12 denair 12 pfennings.. 20 gruni 12 pence 12 pence 48 jittas 48 jittas 12 pice 12 pice 12 pfennings... 5 swares 5 do 12 pfennings.. 12 do 12 do 16 sklllings.... 18 do 12 'ore 100 candareens Act passed. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. May 22, 1846. Mar. 2,1799. May 22, 1846. May 22, 1846. May 22, 1846. Mar. 3,1843. Mar. 3,1843. Mar, 3,1843. Mar. 3,1843. May 22, 1846. &uly27, 1842. May 22, 1846. Mar. 3, 1801. Mar. 2,1801. Mar. 2,1799. Mar. 2, 1799, Mar. 3,1843. Mar. 3,1843. May 22, 1846. Mar. 3,1842. Mar. 3,1843. May 22, 1846. May 22, 1846. May 22, 1846. Mar. 3,1843. May 22, 1846. May 22, 1846. May 22, 1846. Mar. 2, 1799, ' See Circular of the Secretary of State, No. 35, April, 1863. 2 Prepared at tlie Treasury Department. 646 CONSTJLAE FORMS. FOEM No. 147.' Table of Pounds, Shillings, and Pence, with their equivalents in U. S. Currency. From the official copy in nse in the First Comptroller's Office, Treasury Department, Washington. £. $ Cts. s. $ Cts. 1 Equal to 4 84 1 Equal to 24^ 2 3 4 5 Do Do Da Do 9 14 19 24 68 52 36 20 2 3 4 5 Do Do Do Do 48f 964 21 1 6 Do 29 04 6 Do 1 45t 7 Do 33 88 7 Do 1 69j 8 Do 38 72 8 Do 1 934 9 Do 43 56 9 Do 2 17^ 10 Do 48 40 10 Do 2 42 11 Do 53 24 11 Do 2 66i 12 Do 58 08 12 Do 2 90f 13 Do 62 92 13 Do 3 14 Do 67 76 14 Do 3 38| 15 Do 72 60 15 Do 3 63 16 Do 77 44 16 Do 3 87J 17 Do 82 28 17 Do 4 m 18 Do 87 12 18 Do 4 19 Do 91 96 19 Do 4 59* 20 Do 96 80 20 Do 4 84 50 Do Do 242 484 00 00 100 200 300 Do Do 968 1,452 00 00 D. $ Cts. 400 Do 1,936 2,420 00 500 Do 00 600 1000 Do Do 2,904 4,840 00 1 Equal to a,^ 00 1 See Circular of the Secretary of State, No. 52, p. 6. CONSULAR FORMS. 647 Form No. 148. Consular certificate accompanying declaration. do hereby certify, that the annexed invoice, in which are mentioned and described certain goods, wares, and merchandise, consisting of as having been actually by them and amounting with the charges thereon to the gross sum of was produced to me, on this by one of the purchasers or owners of the goods, wares, and merchandise therein mentioned, who thereupon declared, in my presence, that it was intended to make entry of said goods, wares, and merchandise, at the port of in the United States of America; and I do further certify, that I am satisfied that the person making the declaration hereto annexed is the person he represents himself to be; that he is a credible person, and that the statements made in the declaration are true; also, that before whom the annexed declara- tion hath been made, is a duly au- thorized Commissioner to adminis- ter oaths in Chancery in England, and to take declarations in lieu of oaths. I, Consul of the United States, AT . M u Invoiced bt CONSIQNED TO ■ day of - ■18—. In testimony whereof I have hereunto set my hand, and affixed the seal of the consulate, at , in triplicate, this day and year next above written. Consul of V. 8. of A., at - Note. — The above form being printed on the back of a declaration to an invoice, intended to ex- hibit, when properly folded, the names of shippei's, consignees, &c., in a convenient manner for filing in the consulate or custom house. 648 CONSULAK rOKMS. Form No. 149. Bill of Health. ( Clean.') I, , consul of the United States at , do hereby certify that called the of , burthen per register :— tons, commanded by , navigated by men, and having on board passengers, leaves this port of in free pratique [or, in quarantine], bound for I certify that good health is enjoyed in this town and the adja- cent country, without any suspicion of plague, cholera, or conta- gious -distemper whatsoever. In witness whereof, we have hereunto set our hand and seal of office, at , this day of , 18 — . TJ. S. Consul. CONStTLAE POEMS. TOEM No. 150.' 649 To United States Consulate, , 18-. Collector of Customs ai ■ SiE : In pursuance of instructions, I transmit herewith triplicate invoices, properly endorsed, of goods, as per descriptive list hereto annexed. I am, sir, your obedient servant, 11. 8. Consul. FoHM No. 151\ Descriptive I/ist of Triplicate Invoices. No. of Invoice. Name of the Shippera. Consignee. Amount of Invoices. By wliat Ship. ' See Circular of Secretary of State, ITo. 40. 82 650 CONSULAE FORMS. Table No. 152. With the view to aid consuls in properly preparing and trans- mitting their reports and accounts, this and the three following tables have been prepared, which, if carefully observed, will greatly facilitate the work at this and the Treasury Department.^ Returns and accounts to be transmitted by consular officers embraced in Schedules B and G. TO THE DEPARTMENT OF STATE. Quarterly returns. Copy of Invoice Book, Form No. 11. Kegister of official letters received, Form No. 12. Do. do. sent, Form No. 13. Arrivals and departures of American vessels, . . Form No. 14. Return of deceased American citizens, .... Form No. 21. Navigation and commerce, Form No. 128. Semi-annual return. Abstract of passports issued, Form No. 47. Annual returns. Names of persons employed at the consulate, . . Form No. 1. Aggregate of fees received, Form No. 138. Quarterly accounts. Rent of consular office, with vouchers, Form No. 25. Miscellaneous expenses, do. Form No. 137. 1 See Circular, No. 57, of Hon. W. Hunter, Acting Secretary of State, January- IB, 1866. CONSTJLAK FOEMS. 651 Table No. 153. Rdums and aecounts to be transmitted by consular officers embraced in Schedules B and C. TO THE FIFTH AUDITOE OF THE TREASURY. Quarterly returns. Record of Treasury fees, "witli oath, as per Form No. 34, annexed, Form No. 8 or 9. List of seamen shipped, discharged, or deceased, at the consulate Form No. 15. Statement of relief to seamen, Form No. 16. Return of extra wages Form No. 40. Fees received on account of vessels Form No. 44. Fees not contained in Form No. 44 Form No. 45. Fees received for passports, Form No. 136. Quarterly accounts. Account current. — To be accompanied by vouchers and certificates, as per Forms Nos. 26, 27, 28, 29, and 33, Form No. 17. Salary account, with certificate of non-absence and vouchers, in case of sale of draft, as per Forms Nos. 35, 129, and 130, Form No. 33. 652 CONSTTLAE FORMS. Table No. 154. Returns and accounts to be transmitted by consular officers not embraced in Schedule B or C. TO THE DEPABTMENT OF STATE. Quarterly returns. Record of Treasury fees, with oath, as per Form No. 34, annexed, Form No. 8 or 9. Copy of Invoice Book, Form No. 11. Register of oiBcial letters received, Form No. 12. Do. do. sent, Form No. 13. Arrivals and departures of American vessels, . . Form No. 14. Return of deceased American citizens, .... Form No. 21. Fees received on account of vessels, Form No. 44. Fees not contained in Form No. 44, Form No. 45. Navigation and commerce, Form No. 128. Semi-annual return. Abstract of passports issued, Form No. 47. Annual returns. Names of persons employed at the consulate, . . Form No. 1. Aggregate of fees received, Form No. 138. Quarterly account. Miscellaneous expenses, with vouchers, .... Form No. 137. CONSULAR FORMS. 653 Table No. 155. Returns and accounts to be transmitted by consular officers not embraced in Schedule B or C. TO THE FIFTH AUDITOR OF THE TREASURY. Quart&rly returns. List of seamen shipped, discharged, or deceased at the consulate Form No. 15. Statement of relief to seamen, Form No. 16. Return of extra wages, Form No. 40. Fees received for passports Form No. 136. Quarterly account for relief of seamen. Account current. — To be accompanied by vouchers and certificates, as per Forms Nos. 26, 27, 28, 29, and 33 Form No. 17. 654 CONSULAR FORMS. CO o O 1 ^i. s ■ 1! i J aM f ® ^§ f1 fe^SW T3 S o |1« 1 "5 & Ml C Cdl !!" Ita •1 0) a g ■TS 5 s 1 o *Sj3 SI -« ® "S 8 (K a" o> '^5 5§> s « "O ^ eJS a 'g i i p 1 § ■si 1 |s A bo •§ i |.S &< •s •S|5 i *^ .&£g A g'O 13 r III 1 ol ^ III ,4 1 "S a ' is' 1 ■a ■, 1 9 gO 3 1 III II 52. ri o ■t-s g TS c 3 c3 *« J G 1 a "* '3 >> ■r 1 ! . T3 s a B f> cri TS 2 IB °' 13 -s "^ ^ rQ Ol m ( - r^ O ;3 H 3 c 3 ^ o •t-3 a s i 1 (B a ri 3 *-. 03 CfH ^ O c 3 1 a 13 1 .a ■s a? ,4 J c t c ( S a ? 1 " 1 c 2 M o , 1- 1 a t C c c \ < ^ 1 il 1 1 1 3 CONSULAR FORMS. 657 Form No. 159. Form for authentication of signatures. United States Consulate, , 18-. I, , consul of the United States at — , do hereby certify, that the signature of at the foot of the paper hereto annexed is his true and genuine signature made and acknowledged in my presence, and as such entitled to faith and credit. In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at , this day and year next above written, and of the independence of the United States the . U. S. Consul. S3 658 CONSTJLAE FORMS. =1 en o M' CO ?^ o fe 1 s S^ M O 05 fe C5 ■ts 8 to bO ^ q (h 03 i**E^ -^ • a i' i OT -O r t3 -g ^ § ■a cj 13 1 3 fci '5, S ^ i5 1 1 w 1 j3 a a GQ .a 3 ^ . ti -s tH •fc O e*-« *S -^3 <1> .2 f-t ta -, FM 3? § d a o > ■"] 1 Ol o -^ fl 1=9 5 t-, 3 o <9 a ^^ 3 CONSULAR FOEMS. 659 FoEM No. 161\ Consulate op the United States at ■ -, 18-. To the Fifth Axiditoe op the Treasury, Washington, D. C Sir : In accordance with the instructions in Circular No. 52, I herewith transmit the following list of American seamen who have come upon this consulate otherwise than in the employment of a vessel or by regular dis- charge therefrom. Name of Seamen. Date of Arrival. Name of ves- sel in which he came. Port or place from which he came. Date and cause of leaving said port or place. [Seal of consulate.] V. S. Consul. ' Seo Circulars of the Secretary of State, Nos. 51 and 62, 660 CONSULAR FORMS. CO P3 . O s a, 5f. Si, s a t3 o et-t -*3 r^^ g a o o fl m c ^ u ?£■§§« »H -^ G) O (J) S -2 * S t £. 0) g 9 ^ — , (D O (1, g c8 t. ja ° c3 i:: g^ 3 B s 'S s ■3 I-5 « O 03 ""11-ili H) 2 §l-3 "JO. a £ § C3 O J3 ■§2 ? S V, a a .^ O -^ o3 - S cS S « a Sa o ^ -a ^ "-eg a o g t :2 £ s ° - -^ -i j1 S I 5 a .2 a ^-, >-°"^ k .2 » g a =2 ■3 -2, o '" s ' ja « fi to C3 " .2 ja ■" a .3 ^ o -a 0) B "5 M '■S g „ '5 =* J ' a a o " 2 << S ^ o" - -a S 2 ■- o — a 3 rf '-*2 -2 t3 t: ; 79 exterritoriality of. 126 American citizens in Turkey, exteiiitoriality of. .». 126 when exempt from local jurisdiction 96 American vessels, consular duties toward masters of. 28 consular fees for, when running regular trips 501 Annual report, of consular officers 362 information required 362 Annual returns of consular officers, when to be made 199 Appellate ^jurisdiction, of commissioner in China 57 Appointment, of commei'cial agents 156 of consular pupils 170 of mai-shals to consular courts 494 of viceconsuls 63, 64 of vice consuls in China 88 of vice consular officers 154 Appointment of consular officers, notice of. 137 Applicants for consular offices, regulations in regard to 136 Appraisers, letter of, regarding discounts 410 Archives, of consular offices 223 how to lie kept 226 transfer of. 227 "Arrival" at port, defined 286 duty of collector in case of an 290 "Arrival" of vessels, to involve entry and clearance 536 Assessors in China, appointment and duties of. 55 Attache, when allowed 478 Austria, value of currency of. 242 Authentication, consular, page of invoices 428 proviso regarding 429 Authorities, access to, fay consuls, when permitted 24 Authority, of commissioner in China 57 Authority, consular, foundation of. .., 25 Authority of consular officers, over their fellow-citizens 25 over citizens nf the U. S. in China 48 Authority, judicial, of consular officers in China, Turkey and Japan 43, 94 of ministers and consuls in Persia and Siam 109 Average bond. Form of (No. 117) 625 Bankok, salary of consul at 521 Barbary States, jurisdiction in 105 Barcelona, salary of consul at 526 Belgium, • value of money of. 242 Bigelow's report, on the consular system of France 179 Bolivia, value of money of. 243 Bill of health, Formsof(No. 121, 149) 628, &18 Bond, for entry of goods and for payment of duties when the invoice has not been received 380, 517 Bonds of consular officers, conditions of. 141, 418, 454 formalities in execution of. 142 Forms of (Kos. 2, 3, 4), to be given by... 552 553, 564 of consuls general in Schedules B and C. 149 of vice consul 156 to be deposited with Secretary of Treasury 455 valid, though not attested 534 Bonds of marshals, conditions of. 165, 494 Form of (No. 133) 636 how executed 168 suits upon 166, 494, 495 Bonds of masters of vessels, when not forfeited ,. 420 Book for entered protests, described 225 Book of commercial returns, described 224 Bottomry bond. Forms regarding 60'6, 607, 608 Boulogne, saliu-y of consul at 520 Bradford, ciroulaj' of commercial agent at 413 cousoh'dated invoices forbidden 413 INDEX. 665 Bradford {continued)j page invoice to be voi-ifted by seller 413 pltice of shipment ilofined 413 piu'chivser to present original bills... 413 Brazil, value of money of. 243 Bremen, valne of thai or of. 243 salai-y of consul at JiOl Brill disi, salary of consul ut 520 British India, administration of law in 66, 67 British North America, fee tbr certifying invoices of free goods in 479 salary of consul general in 478 Buenos Ayres, value of money of. 243 Canon Law, concerning maiTiage 130 Canada, productions of, collector's fee for entry of 513 when imported under Reciprocity treaty need no consular certificate 512 Central America, duty of mastei-s of vessels in carrying passenger's to 524 value of money of. 244 Certificates, consular, Forms of (Nos. 2^, 23), to invoices... 567, 568 for the benefit of drawback 354 issue of, to aliens, when forbidden 353 penalty for false 430 to accompany consular accounts 272 to be given for ship's papers 289 Certificates of protection, how restricted 93 Ceylon, salary of consul at 520 Charge d'affaires, function of, when superimposed, does not change the legal status of consul . 37 Chemnitz, salary of consul at 528 Chili, value of money of. 244 China, Act of June 22, 1860, regarding treaty with 481 administration of law in, by U. S. pub- lic functionaries 54 American citizens not subject to juris- diction of. 79 appellate and original jurisdiction of ministers in 496 assessorsin, appointment and duties of... 55 capita] cases may bo triyd before the ministor 493 capital offences in, defined 489-490 civil and criminal jurisdiction of min- isters under fippv.'al 48S civil and criminal jurisdiction in, how to be exi-rcised 482 commissioner in, jurisdiction of. 57 consular officer in, defined 50, 492 consular officere in, to a^jnst questions involving payment of duties.. 77 84 China {continued)^ page criminal cases may be amicably adjusted, how 490 criminal jurisdiction of consular officers in 54 decrees and regulations of consular offi- cers in, to bo submitted to Cougress 483, 484 485 duties of consular officers in 79 duti^ of minister when absent, how dis- charged 492 exterritoriality of American citizens in. 49, 126 exterritorial privileges of consuls in 38 interpreters for consulates in 442, 451 judicial powers of ministers and consular officers to 43, 4S1 jurisdiction of cojnmissioner in 57 legal rationale of treaty stipulations with, 44 limit of consular jurisdiction in criminal cases 485, 486 local difficulties in 83 minister to, defined 492 ministers and consular officers to, may punish American citizens for crimes and misdemeanors 482, 485 ministers and consular officers may ap- ply to local authorities for aid 491 mode of exercising judicial powers in.... 51 money of, its value 244 place of jurisdiction of consular officers in 62 powprs of consular officers in 539 prisoners in, how disposed of. 535 rent of prisons allowed 495, 496, 503 revenue laws of, to be observed 84 salaries of interpreter in 502 salai'ies of mai'shals In 502 settlement of civil controversies by mu- tual agreement to be encouraged 491 suits by government of, not entertained by consular courts 76 system of law governing U. S. citizens in. 52 treaty stipulations with, legal rationale of. 44 value of money of. 244 violation of laws of, by American citizens. 84 China, commissioner in, authority in cases other than civil and criminal 58 processes appropriate to jurisdiction of... 62 China, consular courts in, jurisdiction of, over others than American citizens 71 jurisdiction of, in controversies between American citizens and subjects of foreign states.- 71 jurisdiction of, in controversies between, citizens of the O. S. and foreign gov- ernments 74 China, exterritoriality in, doctx'ine of, in certain cases 64 of American citizens in 49, 326 of consuls in 3S Chin-Kiang, salary of consul at 521 Chinese subjects, voluntary emigration of, not affected by Act of February 19, 1862 505 consular certificate requu'ed for carrying. 505 Christian nations, community of. 113 Cienfuegos, consul may be appointed to 514 Clearance, ship's papers to be returned on produc- tion of. 287 666 INDEX. Clerks, consular, page appointment of. 170, 171, 175 compensation of. - 170, 171, 175 examination of. 172, 173, 178 Clifton, salary of consul at 520 Coaticook, salary of consul at 520 Co-exi.sting nationalities, distinct codes of law in 66 Collectors, fee of, for entering goods under Recipro- city treaty 513 duty of, on arrival of vessels at port 290 duty of, regarding passports 508 to annex tariff of fees to clearances. 221, 458 to deliver certified copies of crew lists to sbipmasters 420 to forward copies of consular receipts to the Secretary of the Treasury. 220, 461 to furnish statementof certified invoices to Secretary of the Treasury 221, 461 Commercial agent, appointment and duties of. 156 denotes what 18, 475 exequatur for, how obtained 157 recognition of, by local authoiity 157 restrictions imposed on 158" Commercial agent at Hakodadi, office of, may be changed to consulate... 522 Commercial agents in Schedule B, list of, with compensation 447 Commercial agents in Schedule G, list of, with compensation 449 Commercial information, to be reported to Congress by Secretary of State 439 Commercial intercourse, with Turkey 94 Commercial regulations, duties in respect to 29 Commercial restrictions in China, duty of consular oflficers regarding. 86 Commission of consular officer, how to be understood 20 how transmitted 143 Commissions of marshals, when transmitted 168 Commissioner in China, appellate jurisdiction of. 57 authority of. 57 authority of, in cases other than crimi- nal and civil 58, 59 caees of appeal to 56 cautionary injunctions to 82 decrees and regulations of, to bo trans- mitted to the Secretary of State 53, 82 defined 50 powers of. 81 processes appropriate to the jurisdiction of 62 Community, of Christian nations 113 Compensation, constiniction of Act of 1856, regarding... 480 of commercial 'agents in Schedule B 447 of commercial agents in Schedule C 449 Compensation (continued), page of commercial agents not in Schedules B orC 449 of consular agents 160, 211 of consular officers in Schedules B and C. 204 442 of consular officers not embraced in Schedules B and C 205, 208, 449 of consular officers for notarial services. 280 of consular officers when performing diplomatic functions 209, 454 of consular pupils 452 of consuls general in Schedule B 442 of consuls in Schedule B 443 of consuls in Schedule C 447 of consular officers of iirst class 151 of consular officers of second class 151 of consular officers, commences and terminates, when.„ 205, 214, 271, 452 of consular pupils 170 of diplomatic repr^entatives to Liberia and HayU 50? of keepers of prisons 503 of marshals, when commences 167 of office clerks 104 of secretary of legation to China and Turkey 441 of secretary of legation when acting as charg6 d' affaires 453 of vice consular officers 210, 211 when allowed in cases of absence 272 when not allowed consular officers 45a Compensation of diplomatic officers, Act of August 18, 1856, regarding... 440, 441 Compensation of marshals, accounts for, to be transmitted to Fifth Auditor 169 when commences 167 Consignee, invoices to be verified by 516 penalty for attempt at fraud by 517 Consuls, authority of, over their fellow-citizens 25 amenable to judicial tribunals 26 cannot be removed fi'om office as a statute penalty ; 537 cannot solemnize marriage in Christian countries 536 created by the constitution and laws of nations 516 definition of. , 17 denotes what 18, 475 duties of, imposed by laws of the United States 27 exterritoriali ty of, in Mob amm eda n countries, how maintained 538 exterritorial and other privileges of. 35 funeral expenses of, &c., to be paid from contingent fund 535 how to nominate agents 161 in provision for appointment of, shall means may 536 insult to, when not a crime against the United States 533 may claim special protection 21 may have access to the authorities, when. 24 may require police assistance, when 23 must pay their own office clerks 164 not diplomatic officei's 21 not to order sale of vessel 536 not public ministers 633 not exempt from taxation and custom duties 22 not privileged from legal process by the law of nations 634 personal demeanor of. 27 powers and duties of, how indicated and defined 19 INDEX. 667 Consuls (mntimied), paoe subject to jiidicialtribunals 24, 26 to issue or visa passports, when 23 United States not responsible in dnmugos for malfeasance in office of. 536 Consul at Bankok, salai'y of. 521 Consul at Barcelona, salary of. 526 Consul at Boulogne, salary of. 520 Consul at Bremen, salary of. 501 Consul at Brindisi, salary of. 620 Consul at Ceylon, salary of. 520 Consul at Chemnitz, salary of. 528 Consul at Cliin-Kiang, salary of. 521 Consul at Clifton, salary of. 520 Consul at Coaticook, salary of. 520 Consul at Erie, salary of. 520 Consul at Gibraltar, salary of. 520 Consul at Goderich, salary of. 520 Consul at Guaymas, salary of. 513 Consul at Hankow, salary of. 526 Consul at Kingston, salary of. 520 Consul at Lisbon, salary of. 526 Consul at Lyons, salary of. 521 Consul at Madagascar, salary of. 521 Consul at Mahe, salary of. 528 Consul at Malta, salary of. 526 Consul at Manchester, salary of. 621 Consul at Munich, salary of. 528 Consul at Nantes, salary of. 526 Consul at Nassau, salary of. 521 Consul at Newcastle-upon-Tyne, salary of. 602 Consul at Nice, salary of. 526 Consuls in Persia, powers of. ^ 496 Consul at Pictou, page salary of. 501 "Consul at Pirseus, salary of 520 Consul at Port Mahon, salary of. 502 Consul at Port Sarnia, salary of. 520 Consul at Prescott, salary of. 620 Consul at P. E. Island, salary of. 526 Consul at Quebec, salary of. 628 Consul at Rome, salary of. 528 Consul at Santa Cruz, salary of. 526 Consul at Spezzia, salary of. 528 Consul at St. Catherines, salary of. 526 Consul at St. Helena, salary of. 620 Consul at St. John, salary of. 626 Consul at St. Lambert and Longuieul, saliu-y of. 520 Consul at Swatow, salary of. 602 Consul at Tampico, salaiy of. 526 Consul at Toronto and Windsor, salary of. 520 Consul at Zurich, salary of. 520 Consul's son, may receive compensation for discharg- ing duties of deceased father 535 Consul's widow, entitled to three months' pay 535 Consuls, foreign, . ta:iation of, in the United States 23 tried by Federal courts 26 Consuls in Schedule B, list of, with compensation 443 Consuls in Schedule C, list of, with compensation 447 Consular accounts. Forms and certificates to accompany..... 272 for criminals, how rendered 229, 266 for miscellapeous expenses 228 for relief of seamen, how rendered.. 229, 239 266, 258, 266 to be certified 262 for salaries 228, 269 rules for presenting 236 to be accompanied by explanatory letter 228 to be made at the close of each quarter. 271 'to be rendered in U. S. currency 240 vouchers required in adjustment of. 254 668 INDEX- Consular agents, page appointment and compensation of. 456 change of, to be reported to State Depart- ment 201 compensation of. 160, 211 correspondence of. 160 defined 159 denotes what 18, 475 how nominated 161 name to be reported to Secretai'y of State. 161 not allowed to appoint sub-agents 161 recognition of. 161 responsibility of. 160 should be citizens of United States 159 termination of office of. 160 where to be appointed 159 Consular authority, foundation of. 25 Consular bond, Form8of(Nos. 2, 3, 4) 552,5-53, 554 valid, though not attested 534 Consular books, to be paged 226 to be kept distinct from private books... 226 Consular certificate, Form of (No. 31), when an extra number of seamen are shipped 257 mode of making, for invoices 390 penalty for omission of. 391 penalty for false certificates 424, 430 required to bill of sale of foreign-built vessels 372, 373 required to invoices, when 376, 38S, 515 required in case of carrying ChiuesB subjects 505 to be given with ships' papers 289 to be received in courts of law 27, 416 to promises of marriage 131 when not required from ofBcers in British North America 479, 512 Consular clerks, age of 521 appointment of. 170, 171, 175, 521 compensation of. 170, 171, 175, 521 Congi'essional legislation regsirding....... 171 debate in 38th Congress, respecting 172 duties of. 176, 521 examination and qualification of candi- dates 172, 173, 174, 178, 521 privileges of. 170 removal of. 522 Consular correspondence, annual returns, when to be made 199 despatches, folding and sealing of. 198 despatches not to be antedated 198 despatches on distinct subjects to be sep- arate 195, 396 despatches to be divided into paragraphs. 198 economy, how effected in 200 economy to be observed in 196 enclosures in foreign language to be translated 196 enclosures to be numbered 197 enclostires, arrangement of. 198 endorsements upon despatches and en- closures 197, 201 Forms of (Nos. 5, 6) 555 mode of transmitting returns 199 instructions respecting copies 198 limits to be observed in, and prohibitions in regard to 32 of tabular statements, Forms and reports 201 quarterly returns, when to be made up.. 199 questions in regard to 30 regarding death of American citizens.... 201 Consular conventions, page duties in the absence of. 20 Consular courts, contempt, how punished 486 decisions of, when to be refen'ed and when final 487, 488 decision of, when subject to appeal 488 duties of marehals to.: 494 evidence at, to be taken in writing 488 President may appoint marshals to. 165, 494 Consular courts in China, cannot entertain suits by government of China 76 jurisdiction of, in controversies between citizens of the U. S. and foreign govern- ments 74 jurisdiction of, over others than American citizens 71 jurisdiction of, in controversies between American citizens and subjects of foreign states 71 Consular courts in China, Japan and Siara, punishments by 489 Consular despatches, endorsements upon (Forms Nos. 5, 6) 555 style of. 195 to be numbered 195 Consular exequatur, defined 21 privileges accorded by 190 Consular fees, a dutiable charge 406 application of, to payment of salaries 273 circular of Secretary of State regarding.. 543 disposition of 273, 274, 526 for American vessels running regularly to or between foreign ports 501 for authentication of signature 392 for certificate to invoice 383 for certified copies of documents 387 how payable 474 in British North America for certifying invoices of free goods 479 not to include magistrate's fee 393 part of the cost of merchandise 404 penalty for collecting unlawful 218 penalty for omission to collect 219, 460 President to prescribe tariff of. 215, 457 receipts to be given for 458 tariff of. 544 tariff of, to be kept in consul's office. 221, 458 tariff of, to be annexed to ships' clearance. 221 to be accounted for, how 217, 4.')9, 52G to be collected as prescribed 216 to be registered 216 when to be paid by shipmasters 219 Consular flag, not to be struck without authority 21 when to be unfurled 191 Consular Forms, Appendix containing 551 Consular functions, in states not Christian 30 Consular functions, rights and duties, how indicated and defined 19 Consular jurisdiction, depends upon what 534 in case of insubordination 313 limit of, in criminal cases in China, Japan andSiam 385, 486 INDEX. 669 Consular marriages, page may be performed in states not Cluistian. 128 objections to 125 objections to doctrine of, answered 134 valid in Mohauimedtiu and Pagan conn- ti'ios 130 Consular office, archives and record boolcs of. 223, location of. 193, rent of maybe allowed 230, termluution of. to be designated by arms of the U. S,.,.. ■what fiu-uiture is provided for. 230, Consular officer at Alexandria, title of. Consular officers, absence, how restricted absent from post^ when forbidden accountable for extra wages 367, accounts and drafts to be made quarterly. accounts for relief of seamen accounts for salaries annual repoi't of, and character of infoi*- mation to be given 362, applicants for post of, how examined application of Acts of Congress to appointed exclusively by President and Senate archives and record books of. autlientication of marriage by authority of, over citizens of the U. S. in China authority of, over U. S. citizens iuTurkey. authorized to pay postage on detained lettera collection and repayment of. authoi'ized to receive protests bonds to be given by 1-Al, 418, conditions of. formalities in execution of. Forms of (Nos. 2, 3, 4) to be deposited with the Secretary of the Treasury * cannot order sale of unseaworthy vessels. can prevent frauds upon the revenue, how 402, certificate of, to promise' of maiTiage..... cessation of office of. classes of. comniiS!?ion and passport of, how trans- mitted commissions for services forbidden compensation of. 204. 205, 208, 212, compensatiqn of, when not a citizen of • the U. S compensation of, when performing dip- lomatic functions 209, compensation of, commences and termi- nates, when 138, 205, 271, compensation of, on ari'ival at post compensation of, for notarial sers-ices compensation of, when embraced in Schedules B or C 204, compensation of, when not embraced in Schedules B or C 205, compensation of, when their duties ai-e piTformed by vice offlcws compensation for services restricted compensation of subordinate 155, compensation, transit compensation to time of vacating office, conduct of, towards their countrymen... course of, in seeking redress of grievances. crew list and shipping articles to be pre- sented to, on demand defined dehiy of, in transit Consular officers {continued)^ page denotes what 476 diplomatic privileges not accorded to 83, 116 duties in respect to the Passenger act 341 duties of, concerning miu'riage 112 duties of, in case of shipwrecks 324, 418 duties of, in certain islands and uncivil- ized countries .' 110 duties of, may be prescribed by the Presi- dent 465 duties of, touching unrepresented Ameri- can property.. .328, 329, 330, 331. 333, 336 duties i)f, when American citizens die abroad 473 duties regarding invoices 514 duties towards American owners of foreign-bniit vessels....-r 372 duty and responsibilitv of, touching property of decedents". 328, 336, 417 duty as to stranded vessels 324, 418 duty concerning estJites of deceased Americans 328, 331, 336. 417 duty in case of desertei-s 316 duty in case of mutiny 314 duty of, after refusing to appear and give testimony in court 359 duty of, in case of piracy or mutiny 315 duty of, iu case of offences committed on shipbot>rd 282, 283 duty of, in discharging seamen 295, 306 duty of, in regard to inspectors' report... 434 duty of, on shipping seamen to intermedi- ate ports 309 duty of, on the failure of a shipmaster to report his papers 288 duty of, to procure commexxial informa- tion 339 names of remiss officers to be re- ported to Congress 340 duty regarding arrivals and departures of vessels 472 duty regarding seamen shipped or dis- charged 472 duty toward American citizens 279 duty to seamen when retained contrary to ajvreement 294 employment of, at the Department 139 evidence of, injudicial proceedings 358 examination of candidates for .' 187 expense-s of, how paid , 233 exterritorial privileges of. 35 forbidden to certify invoices, when 472 forbidden to receive commissions on wages or be interested in supplying sailoi-s " 463 proviso regarding 463 forbidden to request the presence of U. S. vessels except in great emoraiencies.... 278 Form of bond of (Nos. 2, 3, 4).^. 552 Forms provided for 200,553, 554 formalities to be observed on arrival at his post 189 general requisite acquirements of. 34 how guided in discharge of seamen 307 how to acquaint themselves with the value of merchandise 397 how to determine value of exportations. 396 how to dispose of funds of the consuhite. 190 how to provide payment of passajie money for seamen 300 if absent when appointed 143 if detained by eickneas 208 immunities of. 24 include what IS information of arrival at post of duty to be given to the legation 189 instruction compensation of. 207 instrnctions respecting correspondence with Depai'tment of State 1*^ 670 INDEX. Consular officers (continued), page instructioua to, respecting drafts for salary 273 instructioDS transmitted to, how 138 intercourse of, with navy oflficere 276 interest in hospitals forbidden 262 judicial authority of, in China, Turkey and Japan .- 43 jurisdiction and powers of, in the Barbary States 497 jurisdiction aud powers of, in certain islands 498 jurisdiction of, over American crews in foreign ports 283 jurisdiction of, over estate of deceased American citizens 331 knowledge of treaties, tariffs,conventions, Ac, required 192 legal st-atus not changed by assuming duties of diplomatic officers 37 limitation of power of, on shipboax'd 314 limitation of right of, to ships' papers... 288 marriago by, in states not Christian, authorized 129, 130 marriage by, when objectionable 125 marriage by, when valid 120, 499 marriage of parties in their own domi- cile not to be celebrated by 121 marriage of foreigners by 122 may administer oaths and act as notaries. 280 467 may be prohibited by the President from engaging in business 151 may be vested with functions of diplo- matic ministers 37 may decide in what vessel to ship seamen. 302 may.institute legal proceedings in behalf of citizens 326 may issue passports, when 350 may make decrees and regulations re- garding consular courts 483, 484 may require crew list and shipping articles 292 may retain ships papers, when 287 meaning of titles of. 475 must discharge seamen, when 295 must require reasonable cause for dis- charge of seamen 308 must report annually regarding consular clorks 177 DO allowance for defending seamen in courts 168 no compensation allowed, when 213 notice of appointment of. 137 not allowed compensation, when 213 not authorized to incur expense in be- half of shipwrecked seamen 327 not entitled to diplomatic (jompensation. 210 not to ask or receive favors from the government where he is located.... 32, 462 not to assume diplomatic functions.. 33, lib not to exercise diplomatic functions un- less specially authorized by the Presi- dent 454 not to con-espond with newspapers 462 not to correspond with private persons onl)nblic afTairs 462 not to receive pay under Act of February 28, 1867, unless citizens of the United States 528 not to participate' in local politics 31 office rent may be allowed to 465 passports of. 139 penalty for omitting to collect prescribed fees 460 penalty for collecting unlawful fees 458 penalty of, for perjury regarding fee book 218 penalty for violation or neglect of duty.. 476 477 Consular officers (continued)j page powers defined 419 powers of, with reference to invoices, 398, 411 prescribed compensation of, to be in full. 463 proof of citizenship of, when required... 143 quarterly commercial reports of. 364, 365 quaj-terly reports of, to Secretary of Treasury 369 requisite q,ualifications of. 137 responsible for acts of agents 154 responsibility of, regarding invoices 399 returns, mode of transmitting 199 rules for presenting accounts 236 salaries, accounts for 239j 269 salutes to 278 statements. &c., may be allowed to 464 statute requirement affecting property... 334 subject to local tribunals 116 testimony of, ought to be available in courts of justice 359 to account for fees to the Secretary of State „. 218, 459 to account for fees to Secretary of Trea- sury 217, 459 to account for seamen's fimd 293, 423 to aid executors 474 to avoid contentions with local authori- ties 280 to be reimbursed for expenditures for destitute seamen 424 to collect dues in case of sale of vessels in foreign ports 619 to collect hospital dues from vessels sold or transferred in foreign waters 259 to confer with Treasury agents in mat- ters connected with the revenue 401 to conform to regulation of Department of State 361 to deliver up ships' papers, when.... 285, 289 to deliver effects of decedents to legal representatives of deceased 333 to discountenance insubordination 313 to discriminate between purchasers' and manufacturers' declarations 382 to exercise care in the issue of passports. 352 to employ American clerks when practi- cable 163 to forward prices current to Secretary of Treasury 368, 472 to furnLsh sworn transcript of fee book... 217 penalty for commission of perjury regarding 218 to give notice of assumption of duties of office 191 to give receipts for fees 216, 458 to hear seamen's complaints 321 to issue and verify passports, when 347 to keep fee hook 269 to keep account of expenses of relieving seamen 306 to keep list of seamen discharged or re- lieved 305 to keep a tariff of fees in their offices.... 458 to make cnrrency report monthly 368 to make entry of discharged seamen on crew list and shipping articles 306 to make oath to accounts 461 penalty for perjury regarding 462 to number their despatches 195 to observe treaties rigidly 82 to obtain seal and archives of con8ulat« and report inventory of the same to the Departanent 190 to observe Forms and instructions in re- gard to accounts 272 to order survey of vessels, when 295, 299 to provide for destitute seamen 253 to punish peijury 281 to punish forgery 2S2 INDEX. 671 Consular officers {continued)j pagb to publish, notice of death of Ameiicau citizens 328 to protect seameu o"22 to reclaim deem-tei-s 423 to relieve seiimeu, when 304 to report death of Americau citizens quarterly 367 to report fraudulent practices 511 to report list of all subordinates annually. 164 to report names of consular agents, when. 161 to rept)rt relief of seamen quarterly 367 to report rescue of Amei'ican seamen by foreign vessels 326 assistance in case of. 327 to report shipwrecks to Department of State 325 to report shipment of criminals and paupers 344 to report violation of Passenger act 344 to retain ships' papers, when 221, 303 to transmit commercial information to Secretary of State 362 to transmit transcript of fee book 366 to transmit copy of invoices to collectors of customs 385, 386 to transmit commercial information 360 remissness in, to be reported to Con- gress... 361 transit, allowance of. 139 transmission of correspondence of. 145 transit, compensation of. 206 Aiolation of instructions to, to be re- ported to the Department of State 255 visit of, to U. S. vessels 276 when may address foreign governments. 34 when may exercise diplomatic functions So 209 when not allowed compensation 453 when not to engage in mercantile busi- ness 502 when permitted to make addresses 33 when possessing diplomatic privileges.... 148 when to furnish collectors of customs gratuitously with copies of missing documents 387 when to seud pai-ties home for trial 541 with whom to correspond 199 Consular officers in Africa, miscellaneous insti'uctious to... 100, 105, 106 107, 108 Consular officers in British North American Provinces, fees of, for certifying invoices 522 Consular officers in China, absence of 88 cases of original jurisdiction 62 criminal jurisdiction of. 54 mode of procedure in capital cases... 55 mode of procedure in civil cases 56 defined 50 distribution of duties and limitation of general powoi's 60 dnty regarding commercial restrictions.. 81 general duties of. 79 how to act in case of local difficulties.... 83 place of jurisdiction of, and persons ex- ercising it 62 to adjust questions regarding payment of duties 77 to enforce observance of revenue la\vs... 84 to prohibit coolie trade 85 Consular officers in China, Japan and Siara, may appoint associates at trials...... 486, 487 to encourage settlement of civil contro- versies by mutual agreement 491 Consular officers in Morocco, page not answerable for debts of American citizens 101 Consular officers in Persia, duty in case of disputes between Persian subjects and U. S. citizens 110 duty in case of dispute between U. S. citizens and subjects of foreign powers. 110 Consular officers in Turkey, deflued 50 duties of. 89 judicial authority of, 94 may require local police to arrest seamen. 312 may require vessels to carry U. S. trea- sure-3 525 not to screen Ottoman "subjects from justice 92 power over American citizens 91 to certify to accounts for seamen 262 to whom certificates of protection may be issued by 93 Consular officers in Schedule B, (first class), bound not to engage in business 150, 450 new bond, when required 450 penalty for violation of. 450 penalty to be paidintothe Treasury. 451 compensation of. 151, 443 Consular officers in Schedule C, (second class), defined 151 compensation of. 151 not prohibited from transacting business. 151 Consular officers not mentioned in Schedules B or "C, fees of. 526 Consular officers of third class, defined [ 151 compensation of 151 Consular privileges, how extended and restricted 20 indicated 22 modified by treaties 20 not rights of exterritoriality 117 under treaty with Netherlands 35 under treaty with Turkey 35 Consular protection to aliens in Turkey, discretion to be observed in extending... 92 Consular pupils, appointment and privileges of. 170, 451 compensation of. 170, 451 repeal of Act of August 18, 1851, author- izing appointment of. 478 Consular receipts, copies of, to be sent to the Secretai-y of the Treasury 461 described 460 to be given for fees 458 Consular reports and returns, relating to commercial regulations 360 Consular service of England, regulations for admission to 182 Consular system of France, Mr. Bigelow's report upon 179 Consulates, limits of, to be defined by tlie Pi-esideut. 456 Consul general, bond of. 149 672 INDEX, Consul general {continued)j page denotes what 18, 475 how guided 145 how to communicate with consular agents - 146 intercourse of, with navy officers 277 not public ministers 14S office of, signifies what 147 prohibited from trading 146 special credentials of. 148 tu act in appointment of consular agents. 146 to advise consular officers 145 See Consular Officers. Consul general at Alexandria, name and title of. 523 puwer of. 528 Consul general of British North America, fee of, for certifying invoices of free goods 479 salary of. 478 Consuls general in Schedule B, list of, with compensation 442 Conventions, consular, duties in the absence of. 20 effect of 20 Coolie trade, Act of February-19, 1862, prohibiting. 345, 503 not to interfere with voluntary emi- ' gration 505 consular duties regarding 28 circular of Sccretar,v of State regarding. 86 punishment for aiding or abetting 504 punishment for transporting coolies, when incurred 505 when not incun-ed 505 resolution of Senate, regarding 85 vessels engaged in, to be forfeited 504 vessels employed in, to be sent to the United States 507 vessels supposed to be engaged in, may be searched 506 Correspondence, consular, annual return, when to be made 199 arrangement of enclosures 196 despatches, folding and sealing of. 198 despatches not to be antedated 198 despatches on distinct subjects 195, 196 despatches to be divided into paragraphs. 198 enclosures in foreign language to be translated 196 enclosures to be numbered 197 Forms and reports of tabular statements. 201 instructions respecting copies 198 limits to be observed in, and prohibi- tions in regard to 32 mode of transmitting retmrns 199 quarterly returns, when to be made up.. 199 regarding death of American citizens.... 201 trarismission of. 145 Crew list, all members of, to be accounted for 290 collectors to deliver certified copies of, to shipmasters 420 duplicate of, to be a fair copy 430 effect of interlineations, &c., in 291 entry of discharged seamen to bo made on 306 may be demanded by consular ofBcers, when 292 not to be interlined 431 to be delivered to collectors 290, 420 Criminals, accounts for, how rendered 229, 266 charges for depositions concerning, when allowed 267 Criminals {continited), page passage of, to the United States, how arranged 267, 268 Criminals and paupers, shipment of, to be reported 344 Currency certificates, when not required to invoices 376 when required to invoices 389, 390 Form of (No. 24) 568 Currency report, to be made monthly 368, 369 Cashing, Caleb, explanation of treaty with China 44 on intercourse with Pagan and Moham- medan nations 45 Death of American Citizens, consular duties arising from 28, 473 notice to be published 328, 417 to be reported to State Department quar- terly 201, 367 Deceased American citizens, estates of, how settled 328, et seq. disposition of estate of. 337 jurisdiction in case of, depends upon local law '. 338 litigations in regard to estate of. 338 minor heir of, 337 will of. 337 Decedents' estates, in Morocco 100 in Tripoli 102 in Tunis lOS Declaration to invoices, instruction concerning 377 must be made, by whom 381 purchaser and manufacturers 382 Forms of (Nos. 142, U3) 612, 643 Decrees and regulations of commis- sioner, how made 53 must be laid before Congress 54 Denmark, value of money of......' 245 Deputy consul, denotes what 18, 475 functions of. 153 local authorities to be apprised of ap- pointment of. 154 mode of appointment 153 when to be appointed 153 Desertion, apprehension of deserters.. 28, 316, 433, 435 defined 317 duty of shipmasters in case of. 317 examination in case of 318 provisions in case of .'. 469 settlement for wages of deserters 470 when justifiable 318 when three months' pay is required in case of. 318 Despatch book, described 223 Diplomatic and consular officers, not to i"eceive pay under act of February 28, 1867, unless citizens of the U. S 528 Diplomatic functions, exercise of, when forbidden and when allowed 33, 35, 209 INDEX. 673 Diplomatic officer, page denotes what 476 compensation of 440, 463 consular duties in absence of. 36 to receive half pay of any added office... 453 Diplomatic privileges, not accorded to consuls 116 Discounts, appearing in invoices to be allowed by appraisers 406, 410 Dominica, salary of minister to 526 Drafts by consular officers, endorsements on, by procuration 23S Forms of (Nos. 123, 124) 629, 630 for miscellaneous expenses to be on the Secretary of State 233 for salary must be on Secretary of Trea- sury 273 must be drawn by principal consular officer 234, 265 must be in American currency 233. 240 separate drafts required for different accounts 239 vouchors requirod for sale of. 240 Dragoman, appointment and compensation of. 442 to be present at trial of American citi- zens 91 Drawback, certificates for the benefit of. 354 Duties, to be paid on moi'ket value of goods. 404, 412 Ecuador, value of money of. 245 Egypt, provisions of Act of June 22, 1860, ex- tended to 527 value of money of. 246 Eleves consuls of France, reporte concerning 182, et seq. Emigrants, mari'iage of. 132 England, examination of candidates for consular service of. 1S7 ecclesiastical law of, touching marriage., 129 regulations of admission to consular service of 182 value of money of 247 Erie, salary of consul at 520 Estates of deceased Americans, consular authority over 417 debts to bo paid 417 extent of consular power over 537 inventory of, to be taken 417 inventory of, to be sent to Secretary of State 418 perishable articles to be sold and pro- ceeds to bo sent to the U. S. Treasury... 417 Estates of deceased aliens, consular rights regarding 339 discussion between England and Spain.. 339 Exchange, loss by, in the sale of drafts to be allowed 235 Forms for showing (Nos. 120, ISO).... 628 634 85 Executors of estates, page official aaslstance to be given to 474 Exequatur, consular, unects consular commissions, how 20 defined 21 how obtained 189 notice of receipt to be published 190 privileges accorded by 190 withdrawal of, 26 Exequatur for commercial agent, mode of application for 157 Expenses, miscellaneoUvS, of consular offices, how paid 233 when unauthorized 238 Ex ter rito riality, consular privileges not rights of. 117 defined 114 doctrine of, in certain cases 64 explanation of. 115 extent of the privilege 115 of Americans in China 126 of Americans in Oriental States 128 of Americans in Siam 127 of Americans in Turkey 49, 126 of consuls in Mohammedan counti'ies, how maintained 538 ministers entitled to rights of 115 privileges of, not enjoyed by consuls 115 rights of, in minor Mohammedan govern- ments i.f ; 41, 127 Exterritorial privileges, derivation of. 37 of consuls in general 35 of consuls in China 38 of consuls in Pagan and Mohammedan countries 38 of consuls in Tm-key 38 Extra wages of seamen, application of. 471 consular officere accountable for 307 disposition of, 255, 295, 422 letter of Fifth Auditor on 310 may be remitted, when 470 views of the Treasury Department con- ceraing 310 when required for seamen. 255, 264, 292, 422 when not required 294, 308 when to be paid over to seamen 309 Fee book, described 223 how prepoi'ed 269 how to be kept 216, 224, 269, 460 sworn transcript of, to be furnished to the Secretary of State 217, 270, 366 penalty forperjiu-y regarding 218 Fees, consular, application of, to payment of salaries 273 circular of Secretary of State regarding. 543 dutiable charges 406 disposition of surplus 274 for American vessels running regularly to or between foreign ports 501 for authentication of signatures 392 fol" certified copies of documents 387 for verification of passports 466 how accounted for 269 how payable 474 may be prescribed by the President 457 numbering of 270 not to include magistrate's feo 393 of consular officers not mentioned in Schedules B or C 526 674 INDEX. Fees, consular (continued), page in British North Americiin Provinces for certifying invoicea 522 penalty for collecting unlawful 218 penalty for omission to collect......... 219, 460 prescribed, only, to be collected 216, 468 penalty for collecting other than 458 President to prescribe tariff of. 215 receipts to be given for , 458 tariff of. 644 tariff of, to be kept in consul's office 458 tariff of, to be posted in consulates 221 tariff of, to be annexed to ships' clear- ances 221 tariff of, to be reported to Congress 457 to be registered 216 when to be accounted for to the Secre- tary of State 218, 459 when to be accounted for to the Secre- tary of Treasury 217, 469 when to be paid by shipmasters 219 Flag, consular, not to be struck without authority. 21 ■when to be unfurled 191 Foreign-built vessels, disabilities of. 373 when subject to forfeiture 373 when subject to tonnage duty 374 when owned by American citizens 372 entitled to protection 372 bill of sale to be authenticated 372 bill of sale to be recorded 373 Foreign consuls, amenable to civil jurisdiction of our courts 26, 634 not amenable to State courts 534 not exr-mpt from penal effect of statute of 1818 638 penalty of, if guilty of illegal or improper conduct 535 what immunities entitled to 635 when exempt from income tax 523 when not subject to income tax 519 Foreign currency, how valued 239, 240 Foreign governments, mode of addressing 34 Foreign money, value of, Austria 242 Belgium 242 Bolivia 243 Brazil 243 Bremen 243 Buenos Ayres 243 Central America 244 Chili 244 China 244 Denmark 245 Ecuador 246 Egypt 246 England 247 France 247 Germany 247 Greece 248 Hamburg 248 India 249 Italy 249 Japan 249 Mexico 249 Morocco. 250 Netherlands 250 New Granada 250 Peru 261 Portugal 251 Prussia 251 Russia ; 261 Foreign money, value of (cont'd), paoe Spain '....„ 251 Sweden 252 Switzerland 252 Tunis 2.62 Turkey 263 Foreign regulations, to be lai(l before Congress by Secretary of State 437 Foreign vessels, papers of, to be delivered to collector be- fore entry , 426 papers of, to be delivered to foreign con- sul after entry 426 penalty for refusal 427 proviso regarding 427 papers of, not to bo returned before clearance 427 Forfeiture, foreign-built vessels when subject to. 373, 374 of vessels engaged in the cooUe trade.... 604 Foreign commercial regulations, consular reports and returns 360 Forgery of seal or signature, penalty for 281, 469 Forms of consular certificates, to accompany accounts 200, 272 Form, No. Page. No. Page. 1 661 47 685 2 652 48 686 3 563 49 687 4 664 50 688 6 665 51 688 6 665 62 689 7 656 63 689 8 666 64 590 9 567 66 691 10 668 56 691 11 .'i69 67 692 12 550 68 693 IS 669 59 694 14 660 60 694 16 661 61 696 16 562 62 695 17 663 63 696 18 664 64 696 19 666 66 597 20 666 66 697 21 667 67 698 22 667 68 698 23 568 69 699 24 668 70 699 26 669 71 600 26 669 72 601 27 670 73 601 28 570 74 602 29 571 76 602 30 571 76 603 31 672 77 603 32 672 78 604 33 573 79 604 34 674 80 606 35 574 81 606 36 676 82 606 37 576 83 607 38 676 84 607 39 676 86 607 40 577 86 608 41 678 87 608 42 679 88 609 43 680 89 609 44 682 90 610 45 584 91 610 46 684 92 611 INDEX. 675 Form [contimisd), No. Pago 93 6U 91 012 96 612 96 613 97 613 98 614 99 614 100 816 101 616 102 617 103 617 104 618 105 618 106 619 107 619 108 620 109 620 110 ..... 621 m 621 112 621 113 622 114 622 116 623 116 624 117 626 118 626 119 627 120 628 121 628 122 629 123 629 124 830 126 630 126 &31 127 631 128 632 No. 129 130 131 132 Pago. 633 634 634 635 133 134 135 636 636 637 136 137 138 139 637 638 639 640 140 640 141 142 143...... 144 ...... 641 642 6J8 644 145 644 146 645 147 148 646 647 149 648 180 . 649 161 162 640 650 153 154 651 652 156 156 157 653 654 665 168 159 656 667 160 658 161 659 162 660 163 661 P rance, Bigelow'B report upon consular system of 179 laws of, touching marriage 122 treaty with, concerning the attendance of consular officers in court 358 value of money of. 247 France, grade eleve consul of, regulations of October 5, 1847, for exami- nation of candidates to 184 French consular jurisdiction, defined 534 French consul general, not privileged from legal process 534 Germany, value of money of. 247 Gibraltar, salary of consul at 520 Goderich, salary of consul at 520 Greece, value of money of. 248 Guaymafi, salary of consul at .* 513 Guizot's report to the king, concerning examination of candidates to grade eleve consul 182 Hakodadi, office of commercial agent at, may be changed to consulate 522 Hamburg, value of money of 248 Hankow, page salary of consul at 526 Hawaiian Islands, status of, under the treaty 128 Hayti, diplomatic representative to 507, 526 compensation of 508 rank of. 508 High seas, consular powers on, regarding seamen, to be exercised by commanding ofBcers of the navy 438 Hospital dues, act for collection of. 259 amount of. 260 India, value of money of. 249 Information, to be ti-ansmitted by consular officers in Africa 106 Importation of spirituous liquors, regulations concerning 355,- 356, 357 Importation of sugars, regulations concerning 355, 356, 357 Inspection of vessels, appointment, qualifications and duties of inspectors... 296, 299 charges for, how to be paid 297 Institutes and Pandects, the foundation of the jurisprudence of Christendom ; 42 Instruction compensation, of consular officers 207 Instructions from Secretary of Treasury, strict observance of, enjoined 354 Insubordination of seamen, consular jiirisdiction in 313 to be discountenanced 313 International law, defined 112, 128 on consular privilegps '. 35 Interpreter for legation in China, appointment and compensation of., ^2, 451 502 Interpreter at Kanagawa, salary of. 501 Inventory of estates of deceased Americans, to be taken 417 to be sent to Secretary of State 418 Invoice book, described 224 Invoices, Act of Marph 3, 1863, regarding 377 consular authentication of. 428 proviso regarding 429 consular duties touching 377, 378 consular officers forbidden, to certify, when 472 copy of, for collector of customs to be forwarded, how 383, 385 copy of, to be forwarded to collector of the port where goods are destined. 378, 383 516 676 INDEX. Invoices {continued)^ page copy of, to be retained in consulate 516 cover only shipments by a single vessel.. 393 currency certificates required to, when... 376 declaration concerning 377, 514, et seq. declaration to, by whom to be made. 381, 382 details of, to be examined 396 discounts appearing in, to be allowed by appraisers 406, 410 duplicates to be preserved in the consul- ate 386 false, forfeiture under 379 fee for consular certificate to 383 Forma of certificates to 388, 567, 568 how verified 408 magistrates certificate to, to be authen- ticated 391 mode of authentication 391 mai'ket value of merchandise to be de- clared 403 oath may be required to 398 oath to, by whom to be administered. 392, 510 oath of experts may be taken in verifi- cation of. 399 of free goods, fee for certifying 479 of shipments by way of the St. Lawrence. 393 penalty for omission of consular certifi- cate to 391 powers of consular ofiicers with refer- ence to 411 samples of merchandise may be re- quired in verification of. 400 Form of certificate to (No. 163) 661 may be dispensed with, when 400 must be accompanied by certificate.. 401 to be made iutriplicate 514 to be verified, when 388, 389 to be verified before entry 428 to be verified by oath 509 proviso regarding 511 touching perjury regarding 392 undervaluation to be reported 402 verification of. 354, 376 verification, nature of. 428 whereto be verified. 394, 395, 396 Italy, value of money of. .^ 249 Japan, Act of June 22, 1860, regarding treaty with 481 appellate and original jurisdiction of ministei^ in.. 496 capital ofiences in 489, 490 capital offences in, may be tried before the minister 493 civil and criminal jurisdiction in, how to be exercised 482 civil and criminal jurisdiction of minis- ters under appeal 488 consul to, defined 492 criminal cases may be amicably adjusted, how 490 decrees and regulations of consular offi- cers in 483, 484 to be submitted to Congress 485 duties of minister when absent, how discharged 492 judicial powers of ministers and consuls to '. 43, 481 limit of consular jurisdiction in criminal caaes ,. 485, 486 minister to, defined... 492 ministers and consular ofiicers may apply to local authorities for aid 491 ministers and consular officers to, may punish American citizens for crimes and misdemeanors 482, 485 Japan {conti'mied}^ page rent of prisons in, and pay of keeper 495 496, 503 salaries of marshals in 502 settlement of civil controversies by mutual agreement to be encouraged... 491 value of money of. 249 Journal, described 225 Judicial authority, of consular officers in China, Turkey and Japan 43 of consular officers in Persia, Siam, &c... 109 of consular officers in Turkey 94 Judicial fees, tariff of, in China, Japan and Siam. 490 Judicial powers, exercise of. 26 mode of exercising, in China and Turkey 51 Jurisdiction, appellate, of commissioner in China 57 Jurisdiction, consular, depends upon what 534 Jurisdiction in China, place of, and persons exercising it 62 Jurisdiction of commissioner in China, processes appropriate to 62 Jurisdiction of consular courts, in China,in controversies between Ameri- can citizens and subjects of foreign states 71 in China, in controversies between citi- zens of the U. S. and foreign govern- ments 74 in China over others than American citizens , 71 Jurisdiction of consular officers, in the Barbai-y States 497 over American crews in foreign ports.... 233 Jurisdiction of ministers, in civil ajid crimipal cases under appeal. 488 Jurisdiction of U, S. cburts, over foreign vessels in our ports 284 Jurisprudence of Christendom, Institutes and Pandects the foundation of 42 Kanagawa, salary of interpreter 501 Keepers of prisons, pay of. 503 Kingston, salary of consul at 520 Law, distinct codes of, in co-existing nation- alities 6G territorial application of. 67 Law in British India, administration of. 66 Law of nations, defined 113 origin of 39 regarding national chai-acter 90 Law, private international, defined 112 INDEX. 677 Law, public, page rule of, in the British colonies 67 rule of, in the United Statea 68 servitudes of, defined 113 Legation at London, assistant secretax'y of 441 Legation at Paris, assistant secretary of. 441 Letter book, described 223 Letters received, to be labeled and indexed 226 Levant, consuls in 39 Liberia, diplomatic representative to 507 compensation of. 508, 526 rank of. „ 508 Lisbon, salai^ of consul at 526 Lyons, salai'y of consul at 521 Madagascar, salary of consul at 521 Mahe, salary of consul at 528 Malta, salary of consul at 526 Manchester, salai-y of consul at 521 Market value, merchandise to be invoiced at. 404, 412 what constitutes 406, 414 Marriage, by consular ofBcers, when valid. 130, 130. 499 by consular officers, objections to 125 canon law conceruing 130 consular authentication of. 133 double alienage in relation to 120 duties of consular officers concerning.... 112 ecclesiastical law in England touching... 129 English authorities on 129 foreign, of Frenchmen 1,23 general rule concerning 121 how to be celebrated 118 in France, laws touching 122 in Spain, how solemnized 125 in the Netherlands, conditions of. 124 may he performed by consular officers in states not Christian 120 of American citizens in states not Chris- tian 128 right of H foreign sovereign or ambassa- dor to celebrate 119 validity of, affected by legal condition of the parties 122 Marriages, consular, may be performed in states not Chris- tian 128 of emigrants considered 132 not valid in Christian countries 131 Marriage contract, general principle of. 117 when not valid 118 validity of, depends upon what 132 Marriage, promise of, consnlar certificate to 131 Marshals to consular courts, page appointment and salary of. 494 appointment of special "166 bonds of, 165, 494, 495, 636 how executed 168 compensation of. 167, 494, 502 duties of. 165, 494 Form of bond of (No. 133) 636 passport and commission of, how trans- mitted 168 suits against, upon bonds 494, 495 to report for duty to consular officer 169 to transmit account for compensation to Fifth Auditor 169 to transmit quarterly report to Secretary of State 169 Masters of vessels, authority of, to be maintained 314 bonds of. 420 when not forfeited 291, 420 Comptroller to make equitable allowance to, for transport of seamen 425 consular duties toward 28 duty in case of desertion 293, 317 duty of, in carrying passeifgers to Mexico and Central America 524 duty of, in discharging seamen in a foreign port 422 evidence in case of refusing to carry sea- men 301 how to obtain payment for passage of seamen 300, 425 liable for consularfees 473 liable for tonnage duty, when 306 limitation of power of. 313 may detain parties for commission of crimes until arrival at port 541 must apply to consular officers for official services 303 must provide passage for seamen, when.. 300 neglect of, to deposit papers, duty of con- sular officer regarding 288 not to carry Chinese subjects without consular permission 505 penalty for refusing to carry destitute seamen 301, 424 penalty for not complying with legal re- quirements 302, 436 required to carry destitute seamen, when. 423 to allow seamen to lay their complaints before consular officers 321 to apply to consular officers for services. 473 to deliver crew list to collector. 290, 420 to deposit ships' papers Y^'ith consular officers upon landing. 421 penalty for refusing 421 to exhibit crew list, when 290 to make entry of shipment of seamen in foreign ports 432 when entitled to ships* papers 289 when required to provide passage for seamen 301 when subject to prosecution in name of consul 539 when to deposit ships' papers 285, 287 Masters of vessels to Central America and Mexico, to furnish copies of passenger list to consular officers 524 penalty for omission of. 525 Merchandise, dutiable value of. 404, 406, 407 place of shipment defined 413 Merchant vessels, acts regarding passengers in, to extend to such vessels carrying passengers between foreign ports 506 678 INDEX. Mexico, PAGE duty of masters of vessels in carrying passengers to 524 value of money of. 249 Minister and consul in Turkey, civil and criminal jurisdiction of. 492 Minister to China, Japan, Siam and Turkey, defined 492 civil and criminal jurisdiction of, under appeiil 4S8 duties in absence of, how discharged 492 judicial powere of 481 jurisdiction of, how to be exercised and enforced 482 jurisdiction of, original and appellate.... 496 may issue write 493 may prevent foreign enlistment 493 may punish for crimes and misdemeanors 482 may try capital cases 493 power to execute the provisions of treaties 482 place of jurisdiction of. 482 to encourage settlement of civil contro- versies by mutual agreement 491 to establiRh tariff of judicial fees 490 Minister to Dominica, salary of. 526 Minister to Hayti, salai'y of. 526 Minister to Liberia, salary of. ■ ~ 526 Ministers in Persia, powers of. 496 Miscellaneous expenses, accounts of. 228 how paid 233 Miscellaneous record book, described 224 Mohammedan countries, consular officers may celebrat-e marriage in ISO exterritorial privileges in 38, 127 Morocco, decedents' estates in 100 jurisdiction and powers of consular offi- cers in 497 residence of consular officers in 101 stipulations of treaty ■with 100 value of money of. 260 Munich, salary of consul at 528 Muscat, jurisdiction and powers of consular ofdcera in 497 stipulations of treaty with 104 Mutiny, among seamen 314 mutineers to be sent to the U. S 315 duty of consular officersin case of. 315 Nantes, salary of consul at 526 Nassau, salary of consul at 521 National character, law of nations regarding 90 Nations, Christian, community of. 113 Nations, law of, page defined 113 Naturalized citizens, conditions of passport for 352 Navy oflScers, commanding, may act as consul in rela- tion to seamen in the absence of con- eular officers 438 official intercourse of, with consuls 276 visit of, to consul generals 277 Netherlands, consular privileges by treaty with 35 marriage in 124 value of money of. 250 Newcastle-upon-Tyne, salary of consul at 502 New Granada, value of money of. 250 Nice, salary of consul at 526 Oath of experts, may be taken in verifying invoices 399 Oath of foreigners, how to be administered 391 Oath to invoices, by whom to be administered 392 Offences on shipboard, duty of consular officers regarding. 282, 283 Office clerks, compensation of. 164 should be Americans 163 Office rent, account of, must be accompanied by vouchei-s 239 may be allowed to consular officers 465 Official communications, style of. 27 Official intercourse, of consular officei-s with officers of the navy 276 in African pashalics 106 Official papers, to be signed by consul 154 Official services, President may designate 457 Ottoman Porte, treaty with 49 Outfit, not allowed vice consular officers 211 Owners of vessels, to obtain copy of shipping articles from collector 431 Pagan cottntriEvS, exterritoriat privileges in 38 Passenger act, attention called to certain sections of.... 344 computation rep,arding children 342 duties in regard to 341 example under 343 mode of determining the number al- lowed 342 number of passengers restricted 341 penalty under, when incurred 342 space allowed each passenger 341 violation of, to be reported 344 INDEX. 679 Passenger lists, page of vessels visiting Mexico and Central America to be inspected, 344 Passport book, Form of (No. 10) 568 described 224 Passport fees, Form of return (No. 136) 637 how to be credited 349 Passports, accounts of, how kept.... 349 Act of July 1,1862, regarding 508 Act of July 30, 1864, regai-ding 523 by and to whom issued 348, 438 cautionary injunctions regarding S52 conditions for issue of. 352 cost of, and how procured 348, 508, 523 dnty of collectors regarding 508 fee for verification of. 466 Form of (No. 46) 351. 684 issue or verification of, to be reported to the Secretary of State 348, 360, 352 may be issued by consular officers, when. 350 may be granted to all pei-sons liable to mllittu-y duty in the United States 513 may include families of applicants 352 nature and description of. 351 of consular officers 139 how transmitted 143 of mai'shal 168 penalty for false 425 penalty for unlawful issue of. 353, 467 quarterly retiu'ns of, to be made to the Secretary of Treasury 349 return of, to be made to Secretary of State 467 should be prociired before leaving the United States 348 to be issued and verified by consular officers , 347, 466 to be issued to United States citizens only. 347 466 to be numbered 351 to be renewed within one year from date. 353 visa of, and the fee therefor. 351 when issued or visaed by consuls 23 Paupers and criminals, shipment of, to be reported 344 Penalty, for false consular certificates 424, 430 for false passport 428 for forging seal or signature 469 for I'efusing to carry destitute seamen.... 424 consular certificate to be taken in evidence 424 for unlawful issue of passports 467 Perjury, penalty for 281, 468 Perjury regarding fee book, penalty for 218 Persia, consular officers in, duties of. 109 duty in suits and disputes in, between citi- zens of the U. S 496 duty in case of disputes between Persian subjects and U. S. citizens 110, 497 consular officer to attend trial 497 dnty in ciise of disputes between U. S. citizens and subjects of foreign powers 110 497 powers of. 496 Peru, value of money of. 251 PictOU, PAGE salary of consul at 501 Place of sbipment, defined 413 Piracy, duty of consular officers in case of 315 Pirseua, salary of consul at 520 Police assistance, may be required by consuls, when 23 Politics, consular officers not to pai'ticipate in 31 PollocVs letter on the value of foreign money 240 Port Mahon, salary of consul at 502 Port Sarnia, salary of consul at 520 Portugal, value of money' of. 251 Postage, regulations as to 281 may be paid by consular officers, when.. 437 collection and repayment of. 438 Power of attorney, to be verified, how 425 Powers of consular officers, defined 19, 419 Prescott, salary of consul at 520 Prices current, to be furnished to the Secretary of the Treasury 472 Prince Edward Island, salary of consul at 526 Prisons, rent of, when allowed 495 keepers of. 496 Prisons in Japan, China, Siam and Turkey, rent of, and pay of keepers 503 Privileges, of consular pupils 170 Privileges, consular, by treaty with Netherlands 35 by tjcaty with Turkey 35 indicated , 22 in colonial dependencies of foreign states 35 not rights of exterritoriality /. 117 Privileges, diplomatic, not accorded to consular officers 116 Privileges, exterritorial, derivation of. 37 in China 38 in Turkey 38 in Pagan and Mohammedan countries... 38 of consuls 35 Privileges of exterritoriality, extent of. 115 not enjoyed by consuls 115 Protests, consular officers to receive 416 Form of consul's awardin case of (No. 49) 687 Forms of marine (Nos. 18, 19) 564, 565 680 INDEX. Protest book, page described 22o Prussia, value of money of. , 251 Public law, application of doctrine of, to citizens of the U. S. in China 70 religion an element of. 41 rule of, in British colonies 67 rule of, in the United States 68 servitudes of, defined 113 bv consular courte in China, Japan and 'Siam 489 QUAETEELY ACCOUNT BOOK, described 228 Quarterly report, of death of American citizens 367 Form of (No. 21) 567 of relief to seamen 367 Form of (No, 16) 562 of consular officers to Secretai'y of Trea- sury 369 Quarterly returns of consular officers, when to be made up 199 Quebec, salary of consul at 528 Receipts, consular, copies of, to be sent to the Secretary of of the Treasury 461 to he given for fees 458 to be numbered 460 Reciprocity treaty with Great Britain, not affected by Act of July 14, 1862 511 when goods may be imported under, without consular certificate 512 Redress of grievances, mode of seeking 279 Refusal of exequatur, not a breach of international law,_ 25 Register of letters received and sent, described 224 Forms of (Nos. 12, 13) 559 Relief book, described 225 Form nf (No. 16) 562 Religion, an elementof public law 41 Rent of office, allowance for 140 Form of bill for (No. 25) 569 Reports, to be made to Secretary of State 362 Reports and tabular statements, how prepared 270 Residence of consular officers, in Morocco «... 101 Returns of consular officers, mode of transmission 199 Revenue agent, letter of, defining powers of consuls re- garding invoices 411 Rights, exterritorial, in states not Christian 41 Rome, PAGE Siilary of consul at 523 Russia, value of money of. 261 Salaries, accounts for, how rendered 228 Salutes, to consular officers 278 Samples of merchandise, may be required to verify invoices 400 may be dispensed with, when 400 must he accompanied by certificate 401 used for verifying invoices to he pre- served 401 Santa Cruz, salai'y of consul at 526 Schedule A, compensation of diplomatic agentt named in 4il Schedule B, consular officers in, with compensation.. 442 443, 447 consular officers in, bound not to en- gage in business 450 Form of bond (No. 2) 553 Schedule C, commercial agents, list of, with compen- sation 449 consuls, list of, with compensation 447 Secretary of legation to China, compensation of. 441 Secretary of legation to Turkey, compensation of. ^ 441 Secretary of State, to lay foreign regulations before Congress 437 to publish commercial information 466 to report commercial information to Congress 339, 465 Secretary of Treasury, may remit penalty in cases of forfeiture 518 letter of, regarding consular fee 404 defining market value 404, 405 declaring consular fee a dutiable charge 416 regarding dutiable value of merchan- dise 407 regarding the verification of invoices 408 Servitudes of public law, defined 113 Seamen, accounts for relief of. 229, 306 Forms of vouchers for (Nos. 26, 27. 28) 569; 570 complaints of, to be heard 321, 432, 435 consular officers, how guided in discharge of. 307 to be reimbursed for relief of. 424 desertion ot defined 317 duty of shipmasters in case of.. 293, 317 when justifiable 318 dischai'ge. Form of certificate of, (No. 41)' 578 discharge of, in foreign port 304, 422 dischai-ge of, when retained contrary to agreement 294 discharge of, with one month's extra wages 264 disobedience of. 812 economy required in use of fund for re- lief of. 257 INDEX. 681 Seamen (continued)j page entitled to consular protection 322 examination of, for relief. 305 exptsnsea for relief of, to be deducted from extra wages 307 expenses of couaular oflBcei'S to be re- imbursed for 424 extra wagea of. 263 exti'a wages cannot be remitted at dis- cretion of consul 264 exti'a wages, how disposed of. 255 extra wages, when required 292, 470 proviso regarding 294, 471 extra wages, when to be paid over to.... 309 in courts, no allowance to, tor defending 26S irregular discharge of, to be reported to Fifth Auditor 264 kind of relief for 305 list ot^ shipped and discharged, to be kept 472 Kormof list rNo. 15) 661 may be discharged, when and on what condition 432 proviso regarding 432 medical attendance for 262 mutiny of. 314 named in crew list to be accounted for... 290 no discrimination between officers and sailors 254 passage of, how regulated ^ 300 passage of, to the UnitedStatesin Ameri- can vessels 265, 423 passage of, to intermediate ports 259 passage of, to the United States in foreign vessels 256, 257 passage money of, how paid 300 penalty of masters of vessels for refusing to carry 301 provisions in case of desertion of 469 settlement of account for wages 470 quarterly accounts for relief of, to be transmitted to Fifth Auditor 253 Form of (No. 16) 562 receipts for supplies to be given by 254 witnesses to be disinterested..... 255 relief and discharge of. 253, 304 relief of, when not discharged 255 rescue of, by foreign vessels 326 rule respecting wages of. 319 rules of Mr. JeflFerson and Mr. Webster touching 322 settlement of accounts of. 294 shipment of, in foreign ports to be pro- perly entered 432 shipment of, to intermediate ports.. 263, 309 shipment of, when void 433 special instructions regarding 261 to be discharged, when 295 to be furnished with passage to U. S 423 terms of passage of. 300 views of Treiisury Department concern- ing extra wages of. 310 vouchers in cases of relief for 254 wages of, when not due 297 when discharged or shipped, entries to be made of. 302 when discharged abroad 470 extra wages required 470 when discharged contrary to law 305 when discharged three months' wages to be exacted 255 when entitled to wages 319 Seamen's fund, to be accounted for 423 Seaman's register, described 225 Secretary of legation, may administer oaths and act as notary 467 validity of such acts 468 . 86 Secretary of legation {continued)^ page penalty for perjury under 468 pay of, when acting as chai'g6 d' affaires 453 when allowed 478 Shipmasters, to obtain consular services 219 penalty for omission to obtain consular services 220 to furnish copies of receipts of consular officers to collectors 220 Shipments of merchandise, byway of the St. Lawrence 393 Shipping articles, effectof interlineations in 291 entry of discharged seamen to be made ou 300 may be demanded by consular officers, when 292 not to be Interlined 431 when to be obtained 291 Ships* daily journal, Form of (No. 20) 566 Ships' papers, deposit and return of. 285, 421 effect of interlineations in 291 Forms of certificate for deposit (Nos. 38, 39) 576 interpretation of legal provisions regard- ing 288 limitation of right of consular officers to 288 may be retained, when 287, 303, 473, 520 penalty for refusal to deposit .- 421 to be returned, when 422 to be safely kept, and certificate to be given 289 when driven into port 287 Ships' papers of foreign vessels, must be delivered to collector before entry 426 must be delivered to foreign consul after entry 426 penalty for refusal 427 proviso regarding 427 Shipwrecks, disposition of property, case of. 325, 326 " duties of consular officers in cases of. 324 325, 326 how affecting seamen's wages 320, '321 to be reported to Department of State... 325 Siam, Act of June 22, 1860, regarding treaty with 481 appellate and original jurisdiction of miuistei'3 in 496 capital cases in 489, 490 capital cases may be tried before the minister 493 consul to, defined 492 civil and criminal jurisdiction in 482 how to be exercised 482 civil and criminal jurisdiction of minis- ters under appeal 488 criminal cases may be amicably adjusted, how 490 decrees and regulations of consular offi- cers in ; 484 to be submitted to Congress 485 duties of consular officers in 109 duties of ministers when absent, how discharged 492 exterritoriality in 127 judicial powers of ministers and consu- lar officers to 481 limit of consular jurisdiction in criminal cases 485, 486 682 INDEX. Siam {continued)^ page minister to, defined 492 ministers and consular ofiicers may apply to local authorities for aid 491 ministers and consular officers to, may punish American citizens for crimes and misdemeanors 482, 485 rent of prison in, and pay of keeper 495 496, 503 salaries of marshals in 502 settlement of civil controvei-sies by mutual agreement to be encouraged... 491 Slave trade, duties of consular officers concerning.... 108 Sovereignty, of States 113 Spain, marriage in 125 value of money of...; 251 Spanish law of Nov. 20, 1724, regarding estates of deceased foreigners. 339 Specification of certain powers and dtities, not to exclude others 19 zzia, salary of consul at 528 Spirituous liquors, importation of. 355, 356, 357 State, sovereignty of. 113 Statistics, superintendent of, under Act of August 18, 1856 440 Statute personal and statute real, defined 114 St. Catherines, salary of consul at 526 St Helena, salary of consul at 520 St. John, salary of consul at 526 St. Lambert and Longuieul, salary of consul at 520 Stranded vessels, duty of consular officers concerning 418 Succession, questions of. 338, 340 importation of. 355, 356, 8^7 Suggestions, in regard to consular correspondence 30 Suits, upon marshals' bonds 166 Superintendent of statistics, under Act of August 18, 1856 440 Surveys of vessels, when to be ordered 295, 438, 438 Forms regarding (No. 59, et seq.),. 594 et seq. Swatow, salary of consul at 502 Sweden, value of money of. 252 Switzerland, value of money of 252 System of law, page governing U. S. citizens in China 52 Tabular statements and re- ports, how prepared 270 Tampico, salary of consul at 526 Taxation, of consuls 22 Taxation of foreign consuls, in the United States 23 Termination, of consular office 208 Territorial law, application of, in British colonies andU. S. territories , 67 Tonnage duty, foreign-huilt vessels, when subject to 374 liability of shipmasters for 306 when exempt from 307 Toronto and Windsor, salary of consul at 520 Transit, delay of consular officers in 207 Transit allowance, of consular officers 139 Transit compensation, of consular officers 206 of consular officers appointed under Act of 1855 480 proviso regarding 481 Treaties, sanctity of. 82 Treaty with China, legal rationale of. 44 provision as to payment of duties 77 Treaty of Morocco, stipulations of. 100 Treaty with Muscat, stipulations of. 104 Treaty with the Ottoman Porte, stipulations under 49 Treaty with Tripoli, stipulations of. 101 Treaty with Tunis, stipulations of 103 Treaty with Turkey, stipulations of. 90, 95, 96 Trinidad de Cuba, consulate at, may be discontinued 514 Tripoli, jurisdiction and powers of consular offi- cers in 497 stipulations of treaty with 101 in case of disputes between tbe governments 102 in case of disputes between individ- uals 102 in case of decedents' estates in 102 Tunis, estates of subjects of. 103 jurisdiction and powers of consular offi- cers in 497 INBEX. 683 Tunis {continued), paqb stipulations of treaty with 103 value of money of. 252 Turkey, appellate and original jurisdiction of ministei-s in 496 capital cases may be tried before the miniBter 493 civil and criminal jurisdiction in 492 commercial intercoui'so with 94 construction of treaty with 96 consular officer to, defined 50, 492 consular officers in, not to screen persons from justice 92 consular piivileges by treaty with 35 consular protection in 92 duties of consular oflBcers in 89 duties of minister when absent, how dis- charged 492 exterritorial privileges in 38 exterritoriality of Americans in 126 judicial authority of consular oflBcers in. 43 minister to, defined 492 mode of exercising judicial powers in.... 51 prisoners, how disposed of. 535 rent of prison in, and pay of keeper. 495, 496 503 salaries of marshals in 502 treaty stipulations with : 90, 95 treaty with, how construed 96 value of money of. 263 Undervaluation of invoices, to be reported 41, 402 Utrecht, treaty of 339 Validity of marriage con- tract, depends upon what .'. 132 Value, of foreign money 240 Verification, of invoices 354, 376, 428, 429 Vessels, American, arrival and departure of, to be transmit- ted quarterly to State Department 202 legal aiTival of, to involve entry and clearance 536 sale of, in foreign ports 519 to carry V. S. treasures when requested.. 525 when engaged in the coolie trade to be forfeited 504 Vessels, surveys oi, pagb charges for 435 Forma regarding (Nos. 59, et seq.) 594, etseq. power and duty of inspectox'S 434 when to be ordered 295, 433, 438 Vessels, unseaworthy, crew to be discharged, when 296 crew not to be discharged, when 297 Vice commercial agent, compensation of. 211 denotes what 18, 476 Vice consul, bond of. 165 compensation of. 210 denoteswhat 18, 476 Vice consular officers, appointment of. 154 appointment of, to be provided by the President 456 compensation of. 211, 213, 456 no outfit allowed 211 Vice consul in China, appointment of. 63, 88 Visa of passports, fee for 351 Vouchers, character of, in case of relief for seamen. 254 Forms of (Nos. 26, 27, 28) for relief of seamen 569, 570 Forms of regarding exchange (Nos. 129, 130) 633, 634 must accompany account for office rent., 239 must be in the English language 233 required in adjustment of accounts 254 required for sale of drafts 240 "Wages of seamen, how effected by shipwreck .320 rule respecting 319 when entitled to 319 whon the whole are to be paid 320 when only a portion are to be paid 321 Will, of deceased Americans 337 Wrecks and stranded vessels, duties towards 28 Zurich,^ circular of consul at 414 invoice to be legible 414 market value defined 414 salary of consul at 520 samples required 414 THE ENB,