t»^^/*:Fv . ^T-v>* -^^^ *C^0*' 7 -r f ... .^j^^Hi^^H^; :ii^" -^ 4%:'-\/^' 4^i ii?$»i^ W'-^ •^.;^^ " r/^"*^^ HOG Cornell University Library JX 1706.A3 1885 Personal instructions to the diplomatic 3 1924 007 493 541 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/details/cu31924007493541 PERSONAL INSTRUCTIONS TO THE DIPLOMATIC AGENTS OF THE UNITED STATES IN FOUEiaiS' OOUISTTIIIES, WASHINGTON: GOVERNMENT PRINTING OFFICE. 1885. 15775 D A ^ORNEUX UNIVERSITY LJBRARV^ Department of State, WasMngton, ____ ., 188. of the United States at SiK: I transmit herewith the general personal instructions which have been prescribed by the President for the information and govern- ment of the Diplomatic Agents of the United States abroad. They are intended to supersede those which have been heretofore issued by this Department, including diplomatic circulars dated prior to March 15, 1884, and are to be carefully observed in all respects. I am, sir, your obedient servant, SPECIAL NOTICE TO DIPLOMATIC AaENTS. 1. The following regulations are prescribed for the information and When instruc guidance of Diplomatic Agents in the discharge of their official duties- '""^^^y ®** ® • It is expected that they will be carefully examined before applying to the Department of State for instructions. When, however, after an examination of these regulations and any other instructions, special or otherwise, which they may have received, Diplomatic Officers shall find themselves without directions how to act in any case, they may write to the Department on the subject. Otherwise they will be ex- pected to act upon the regulations herein contained, and upon such other special instructions as they may from time to time receive.- Article I.— Receiving Instructions. 2. After receiving his commission and filing the prescribed oath in the Department, the Diplomatic Agent will be furnished with the fol. lowing papers: a. A sealed letter of credence signed by the President and addressed Papers furnished to the head of the state to which the Agent is sent. In the case of a ® *^™ ' commissioned Charg6 d' Affaires the letter of credence will be addressed by the Secretary of State to the Minister for Foreign Ailairs. b. An open office-copy of the letter of credence. c. A special official passport for himself, his family, and suite. d. A copy of the Annual Register of the Department of State. e. A letter of credit upon the bankers of the United States in Lon- don, whenever he is directed to draw his salary and contingent allow, ances from that source. This letter of credit will be in duplicate, and the Diplomatic Agent will attach his signature to both the original and the duplicate, returning the former to the Department of State and retaining the latter for his personal security and convenience. Diplomatic Agents not receiving their salary and contingent allow- ances through the London bankers will be suitably instructed as to the mode of drawing them. /. A dated and signed copy of these printed Instructions, with any circular iustructions modifying them. g. A copy of the printed Consular Regulations and of any circular in- structions, modificatory or explanatory thereof, on points touching the business of a mission. 3. The Diplomatic Agent will also receive such general and special General and spe- instructions as the Secretary of State may deem it necessary to give "''^^ instructions. him for his guidance in regard to pending or new subjects of nego- tiation. 4. It is usually expected that the newly-appointed Agent will come Visit to "Wash- to Washington to confer with the Secretary of State up;.n matters con- inft°uctio°ns!*''*''^* nected with his mission, although special circumstances may require or permit this formal visit to be omitted. 6 Examination of 5, During such visit the Agent will familiarize himself, by iuspec- Ipondenoe of 'the' tio° °^^^^ correspondence on file in the Department of State, with the mission. general state of the business of the mission to which he is appointed, and the condition of pending questions with the Government to which he is accredited. Compensati on 6. For the purpose of receiving these general and special instructions, '^eriod ^°^'™''*^°'^ and also to admit of preparation for the journey to the Agent's post of duty, salary may be allowed for a period not to exceed thirty days. It Revised statutes, ig not, however, intended that the whole of this period shall in every case be granted and availed of as a right, but only so far as may be necessary under the circumstances of each case. Accounts for in- y, Accounts for instruction Salary should, if possible, be rendered to lonsaary. ^^^ Department of State and adjusted prior to the departure of the Agent for his post. Instruction sal- 8 . There is no authority of law to allow a newly-appointed Diplomatic mrae" than^'ttiirt"^ Agent salary for any time (beyond the instruction period of thirty days) days. during which he may be detained in this country awaiting means of ^e.^l74a ^'^*"*''^' *i*^sit or by reason of his private affairs. No allowance for 9. No advance of salary or allowance in the nature of an outfit is "itevisedStatutes Permitted by law ; neither is transportation, nor any payment in lieu sec. 1743. ' thereof, furnished by the Government. Article II.— Transit to Post. Departure for 10. Having received the papers and instructions mentioned in the P°**' preceding sections, the Diplomatic Agent will proceed by the most con- venient and direct route of usual travel to the seat of the Government to which he is accredited. Salary is allowed for the time actually and necessarily employed in the transit, not, however to exceed the limits prescribed in the succeeding section. Revised Statutes, 1 1 . Pursuant to the authority conferred upon the Secretary of State plemInt,'voh i"p" ^^ ^^^ ^^*' "^ '^^^^ ^^> ^^"^^t section 4, he has established, determined, 35. ' and made public the following schedule of the maximum amount of time actually necessary in which to make the transit between each diplomatic post in the countries named and the city of Washington, and vice versa, viz: Argentine Eepublic (Buenos Ayres) 45 days. Austria- Hungary (Vienna) 30 days. Belgium (Brussels) 20 days. Bolivia (La Paz) 50 days. Brazil (Eio de Janeiro) , 40 days. Central American States (to the usual seat of the Legation at Guatemala City) 30 days. Chili (Santiago) '. . . . 45 days. China (Peking) 70 days. Columbia (Bogotd) 35 days. Corea (Sedul) 65 days. Denmark (Copenhagen) 25 days. Egypt (Cairo) 35 days. France (Paris) 20 days. Germany (Berlin) 25 days. Great Britain (London) 20 days. Greece (Athens) „ 35 days. Hawaiian Islands (Honolulu) 35 days. Hayti (Port au Prince) 15 days. 7 Italy (Rome) 30 days. Japan (Tokio) 40 days. Liberia (]\|oiirovia) _. 40 days, Mexico (City of Mexico) 18 days. ifetherlands (The Hague) 20 days. Persia (Teheran) 65 days! Pern (Lima) 40 days. Portugal (Lisbon) 30 days. Boumania (Bucharest) 30 days. Russia (St. Petersburg) 30 days. Servia (Belgrade) 30 days Siam (Bangkok) 60 days Spain (Madrid) 25 days Sweden and Norway (Stockholm) 25 days Switzerland (Berne) 25 days] Turkey (Constantinople) 40 days. Uruguay and Paraguay (Montevideo) 45 days. Venezuela (Caracas) . . . ; 25 days. 1 2. The periods prescribed in the foregoing table are determined for Transit when the the journey to and from the usual seats of legation at the capitals of u nof S"th™°- the respective countries. In case the seat of the Government or the tal. residence of its executive head is temporarily elsewhere than at the national capital, the fact should be reported to the Department of State, Case to be re- for instructions. ported. 13. Allowance will also be made for the time necessarily occupied Transit from res- for the journey, when actually made, by the most direct mode of convey- j.^^ncetoWashing- ance from the residence of the Diplomatic Agent, if in the United Supplement to States, to Washington. Revised statutes, " vol. I, p. 36. Revised Statutes, 14. Persons appointed to posts in the American hemisphere will not ^^Transi^t to an proceed to or return from them by the way of Europe, unless it shall be. American country, shown to the satisfaction of the Department that such a course saves. time. 15. It is not expected that any part of the transit- time allowance Transit to be di- which may be economized by a rapid ocean voyage, close connections,. ItolslsvoaShle}' or otherwise, shall be made use of by the way to prolong the journey, or to deviate from the usual lines and modes of travel for purposes of pleasure or sojourn ; the Diplomatic Agent will use due diligence to reach his post as speedily as possible after quitting Washington. ' 16. Every effort should be made to guard against delays by becom- Delays in transit ing acquainted before departure with the usual lines of communica- *" ''*' *^'"'^«'l- tion. 1 7. It is frequently represented to the Department that the journey Delay by illness, of a Diplomatic Agent to his post has been delayed by circumstances *"' entirely beyond his control. The Department of State can lay down no rule in respect to such cases. The statute provides that the schedule Supplement t o of allowances of time for transit shall be determined and made public; ^oi^j^p |^***"*e«- that it shall in no case be exceeded, and that modification thereof shall be made in like manner as the original schedule. Diplomatic Agents Excess of transit whose transit journey may be so delayed will under no circumstances t'™^ "I'^st not be draw for, or render an account covering, more transit time than is fixed in the existing schedule ; but they may report the fact of such delay to the Department and request instructions thereon. 8 Appointment of 18. Should a person at the time residing, traveling, or sojourning &niteTstatei° *^* abroad be appointed to a Diplomatic post he will refrain from drawing salary or rendering accounts covering transit and instruction periods, until, after reporting to the Department of State the facts necessary to an understanding and decision of the matter, he shall receive the in- structions of the Secretary of State. His regular salary will, however, begin from the date of his entrance upon his official duties, and be avail- able without further special instructions.. Passage of Dip- 19, Passage in a naval vessel is sometimes accepted by, or ordered na^Jalve^sfu^''^ "" for. Diplomatic or other Ofaoers of the United States. It is not expected that in any such case the commander of the vessel shall be chargeable with the additional expense which he may thereby incur. Consequently, before embarking in any such vessel, the Diplomatic, or other Officer will come to an understanding upon the subject with thjS commander, and will himself be expected to defray the additional ex- pense referred to, unless he shall have been previously authorized by the Department of State to make a separate charge therefor against the Government. Article III.— Arrival at Post and Entrance upbn Official Rela- tions. When salary at 30. So far as the Diplomatic Agent's relations to his own Govern. post begins. ment are concerned, his allotted time of transit is held to cea^se, and his regular term of office for which he is entitled to receive salary is deemed to begin on the day of reaching the seat of the mission to which he is appointed, even though he may not be able to enter on that day upon official relations with the Government to which he is accredited. Should n ot i f y 2 1 . It is advisable for a Diplomatic Agent to give informal notice to tended^aiTival. '"^' liis predecessor, if the latter be at the post, some days before his ex- pected arrival, in order that any usual courteous exemptions in favor of his personal effects and those of his family and suite may be extended Passage through at the frontier custom-house. Should he have occasion to pass through a third country. ^^^ territory of a third State on the journey to his post, the like cour- tesies may be granted on being requested through the Diplomatic repre- sentative of the United States in such third country ; but this is a privi- lege, and not a right. PRESENTATION OP CREDENTIALS. Preliminaries to 22. In most cases, a Mission of the United States will be found formal reception, already established at the seat of Government, and still in charge of the outgoing representative, or of a Charg6 d' Affaires ad interim. In either case, the newly-arrived agent should seek, through the actual incumbent of the Mission, an informal conference with the Minister for Foreign Affairs, or such other officer of the Government to which he is accredited as may be found authorized to act in the premises, and arrange with him for his official reception. He should at the same time, in his own name, address a formal note to the Minister for Foreign Affairs, communicating the fact of his appointment and his rank, and requesting the designation of a time and place when he may present his letter of credence. Communication gs. Should the Diplomatic Agent be of the grade of Envoy Ex- credential8°^o^f "a traordinary and Minister Plenipotentiary, or Minister Eesident, in Minister. either of which cases he will bear a letter of credence signed by the President and addressed to the Chief of the Government, he will, on asking audience for the purpose of presenting the original in person, communicate to the Minister for Foreign Affairs the open office copy which accompanies his original instructions. He will also, for the com- pletion of the archives of his Legation, prepare and retain ou file a copy of his credentials. 24. If, however, the Agent be of the rank of Charg6 d' Affaires bear- Of a Charge ing a letter of credence addressed to the Minister for Foreign Affairs, ^^^^i'®*- he will, on addressing to the Minister the formal note prescribed in section 23, communicate to him the office copy of his credential letter and await the Minister's pleasure as to receiving the original in a per- sonal interview. 25. On the occasion of presenting ceremonial letters of recall or Ceremonial ad- «f credence, to the head of the Government, it is usual at most capitals ^F'^^ °^ presenta- for the retiring or incoming Diplomatic Agent to make a brief address pertinent to the occasion. This address should be wi'itteu and spoken • in the English tongue by the representative of the United States. Before the day fixed for his audience of reception or of leave-taking, he should furnish to the Minister for Foreign Affairs a copy of his pro- posed remarks, in order that a suitable reply thereto may be prepared. A copy of the address and of the reply must be sent to the Depart- ment of State. 36. When the retiring representative is, like his successor, of the His predecessor'* grade of Envoy Extraordinary and Minister Plenipotentiary, or Minis- taWng."*"' ^^"'"^ ter Eesident, it is customary for him to present his letter of recall in the same audience in which his successor presents his credential letter ; unless for some sufiQcient cause he should have been obliged to take formal leave and present his letter of recall before the presentation of his successor. 87. It sometimes happens that the retiring Diplomatic Agent may Presentation of not have received his letter of recall from the Department of State in letters of recall, season to present it in person before his departure. In such cases his successor, or if need be (after receiving special instructions to that effect), the Charge d' Affaires ad interim, when there is one, will pre- sent the letter of recall in such manner as may be indicated to him by the Minister for Foreign Affairs. 28. In the ceremonies on all formal occasions the Diplomatic Agent Conformity to will be governed by the established usage of the country of his official ceremonial usage residence. There is usually at foreign courts an officer having charge of such ceremonial matters, and it may often be advisable to confer with him informally in order to insure appropriate conformity to estab- lished rules. 29. There is also in each country an established rule as to official ceremonial eti- <;alls. The Diplomatic Agent should, immediately upon his arrival, in- quette of diplo- form himself upon this subject, and conform strictly to the rule. 30. If the Legation be provided with a Secretary, the newly-arrived xo he accompa- Diolomatic Agent should be accompanied by him in the official ceremony ^i^d by Secretary . , , . , , . , . , i ™. ■ , ■ .i j^ 1 ■ ,01 Liegation. of presenting credentials and in his subsequent official visits to his col- leagues. 31. A Diplomatic Agent should omit no occasion to maintain the Relations with most friendly personal and social relations with the members of the colleagues. Government and of the diplomatic body at the place of his residence ; but it is not to be expected that he shall incur onerous charges for hos- pitality and entertainment. 15775 D A-^—2 10 Offlolal duties be- 33. The official duties of a Diplomatic Agent begin on the day of *™" his formal reception. Article IV.— Character and Relative Rank. EulesoftheCon- 33. For the sake of convenience and uniformity in determining the grass ef Vienna, relative rank and precedence of diplomatic representatives, the Depart- ment of State has adopted and prescribed tlie seven rules of the Con- gress of Vienna, found in the protocol of the session of March 9, 1815, and the supplementary or eighth rule of the Congress of Aix-la-Cha- pelle of November 21, 1818. They are as follows : "In order to prevent the inconveniences which have frequently oc- curred, and which might again arise, from claims of precedence among different Diplomatic Agents, the Plenipotentiaries of the Powers who signed the Treaty of Paris have agreed on the following articles, and they think it their duty to invite the Plenipotentiaries of other crowned heads to adopt the same regulations: "Article I. Diplomatic Agents are divided into three classes : That of Ambassadors, Legates, or Nuncios; that of Envoys, Ministers, or other persons accredited to Sovereigns; that of Charges d' Affaires accredited to Ministers for Foreign Affairs. "Art. II. Ambassadors, Legates, or Nuncios. only have the repre- sentative character. "Art. III. Diplomatic Agents on an extraordinary mission have not, on that account, any superiority of rank. "Art. IV. Diplomatic Agents shall take precedence in their respect- ive classes according to the date of the official notification of their arrival. The present regulation shall not cause any innovation with regard to the representative of the Pope. "Art. V. A uniform mode shall be determined in each state for the reception of Diplomatic Agents of each class. "Art. VI. Relations of consanguinity or of family alliance between courts confer no precedence on their Diplomatic Agents. The same rule also applies to political alliances. "Art. VII. In acts or treaties between several powers which grant alternate precedence, the order which is to be observed in the signa- tures shall be decided by lot between the Ministers. "Art. VIII. It is agreed that Ministers Resident accredited to them shall form, with respect to their precedence, an intermediate class be- tween Ministers of the second class and Charges d' Affaires." Grade of minis- 34. The representatives of the United States are of the second, the ters sent by the intermediate, and the third classes, as follows: United States. i -r, -,-, ^ •,. , ... . ^, A. Envoys Extraordinary and Ministers Plenipotentiary. Special Commissioners, when styled as having the rank of Envoy Extraordi- nary and Minister Plenipotentiary. B. Ministers Resident. These grades of representatives are accredited by the President. C. Charges d' Affaires, commissioned by the President as such, and accredited by the Secretary of State to the Minister for Foreign Affairs of the Government to which they are sent. D. Charges d' Affaires ad interim. There are in most cases Secreta- ries of Legation, who, ex-offieio, act as temporary chiefs of mission in the absence of the Minister, and need no special letter of credence. In the absence of a Secretary of Legation, the Secretary of State may des- ignate any competent person to act ad interim, in which case he is spe- cifically accredited by letter to the Minister for Foreign Affairs. 11 35. When the office of Consul-General is added to that of Minister Superadded oon- Resident, Charge d' Affaires, or Secretary of Legation, the diplomatic *" *^ ** *'*• rank is regarded as superior to the consular rank. The officer, how- ever, will follow the Consular Eegulations in regard to his consular du- ties and official accounts, keeping correspondence in one capacity sep- arate from correspondence in the other. The allowance for rent in such combined offices is as a rule based upon the entire salary. 36. A Secretary of Legation will, in case of the absence, death, or Charges d'Af- disability of the diplomatic representative, assume the duties and per- ^^"^ '^ inUnm. form the functions of Gharg6 d' Affaires ad interim without special instructions or credentials to that end ; he will then follow the regula- tions herein prescribed. 37. A Vice-Consul- General or Vice-Consul at a post where his su- Subordinate con- perior officer holds the dual positions of Minister or Secretary of Lega- ^^^"^ officers. tion and Consul-General, has no diplomatic quality or functions whatever. 38. In no case will a Consular Officer not also a Secretary of Lega- Not to act a a gation act as Charge d'Affaires ad interim in the absence of the diplo- ^Re^sed^&tSu^es" matic representative without express direction of the Department of sec. 1738. State; and this, when given, will be accompanied by a letter accrediting him to the Minister for Foreign Affairs. 39. A Consular Officer may, without express authorization, be left in May take ousto- ■charge of the archives and property of the Legation, but this circum- ^ archives, stance gives him no right to perform official diplomatic duties, or to expect other than his consular compensation. 40. In the possible case of objection, by the Government of the Superadded coa- country of residence, to a Diplomatic Officer who is also a Consu- bieTn^^ain^coSl lar Officer performing the functions of both offices, the Deputy Consul- tingencies. General or Deputy Consul, if there be one, may be put in charge of the Revised Statutes, business of the Consulate-General. ^^'^- ^'^^*^- CLERKS OF LEGATIONS. 41. A Clerk is the employ^ of the Minister; has no official rank Not diplomatio or position and no immunities, or privileges except as a member of the " ''^"' Minister's household. He is not to be styled Secretary of Legation, Attach^, Chancellor, or be known by any other diplomatic title. Tem- No extra com- porary custody of the archives and property will give him no claim to gf^n rfTrchivel"" extra compensation. 43. Although a Clerk of Legation or Consul left in charge of the Unofficial good archives and property of the Mission is prohibited from performing L?gatiBn.^^ °^ unauthorized diplomatic functions, some special emergency may re- quire his immediate intervention with the diplomatic authorities of the country for the protection of American interests, when he will dis- claim any pretension or power to act otherwise than unofficially- All such cases should be immediately reported by him to the Depart- ment of State. Article T.— Diplomatic Immunities and Privileg:es. 43. A diplomatic representative, while in a foreign State as the agent . Extraterritorial- there of his Government, possesses certain rights classed under the heads Ity.^" of inviolability and extraterritoriality. The full scope of these rights is discussed by the standard authorities on international law, whose works should be consulted. In these instructions it seems necessary to advert to a few points only. 12 Immunity from 44. A diplomatic representative possesses immuuity from the crim- XvuSatutes; inal aud civil jurisdiction of the country of his sojourn; and cannot be Bees. 4063,4064. ' gued, arrested, or punished by the law of that country. Neither can he waive his privilege, for it belongs to his ofSce, not to himself. It is not to be supposed that any representative of his country would inten- tionally avail himself of this right to evade just obligations, incurred either by himself or the members of his Mission. Certain property If, however, a Diplomatic Agent holds, in such foreign country, real not exempt from ^^ personal property, aside from that which pertains to him as a Min- ister, it is subject to the local laws. Exemption from 45. A foreign diplomatic representative cannot be compelled to tes- of llw"^'"*"""'*' tily> in the country of his sojourn, before any tribunal whatsoever. This right is regarded as appertaining to his oflflce, not to his person, and is one of which he cannot divest himself except by the consent of his Gov- ernment. Therefore, even if a Diplomatic Agent of the United States be called upon to give testimony under circumstances which do not con- cern the business of his Mission, and which are of a nature to counsel him to respond in the interest of justice, he should not do so without the consent of the President, obtained through the Secretary of State, which in any such case would probably be granted. Inviolability of 46. Immunity from local jurisdiction extends to the Diplomatic domicile. Agent's dwelling house and goods, and the archives of the Legation. These cannot be entered, searched, or detained under process of local law, or by the local authorities. Asylum. 47. This privilege, however, does not embrace the right of asylum for persons outside of the Agent's diplomatic or personal household. Unsanctioned 48. In some countries, where frequent insurrections occur and con- usage of asylum, ggg^ju^ instability of government exists, the practice of extraterritorial ' asylum has become so firmly established, that it is often invoked by un- successful insurgents, and is practically recognized by the local govern- ment, to the extent even df respecting the premises of a consulate in which such fugitives may take refuge. This Government does not , sanction the usage, and enjoins upon its representatives in such coun- tries the avoidance of all pretexts for its exercise. While indisposed to direct its agents to deny temporary shelter to any person whose life may be threatened by mob violence, it deems it proper to instruct its repiesentatives that it will not countenance them in any attempt to knowingly harbor oflenders against the laws from the pursuit of the legitimate agents of justice. Worship in the 49, The liberty of worship is very generally conceded to foreign gents omici e. jggatjons in countries which maintain a religious establishment different from that of the Diplomatic Agent's country. If any Diplomatic Agent should assert the right of worship, within his legation, for himself and those of his fellow-countrymen who profess the same faith as he does, he would be upheld, within the limits of the like privilege conceded in the country of his sojourn to other foreign legations. Immunities of 50. A Secretary of Legation is, according to the admitted principles gaw"^' °^ ^^" ^^ iuternational law, a " public minister." His personal privileges, im- munities, domiciliary privileges, and exemptions are generally those of the Minister of whose oflQcial household he forms a part. The Agent's 51. The personal immunity of a Diplomatic Agent extends to his ^EevUe°dStatutes, household, and especially to his secretaries. Generally, his servants sec. 4063,4064. share therein, but this does not always apply when they are citizens or 13 subjects of the country of his sojourn. Cases have arisen where a Dip- JBevised Statutes, lomatic Agent has claimed for a native servant exemption from raili- ^'"'' ' tary service. His right to do so is not clear, and in future the Diplo- ^^^™ of military matio Agents of the United States are advised against questioning the right of the native Government to claim such service from one of its subjects in his employ. It is to be expected that the claim, if made, will be presented courteously to the chief of the Mission. It is customary for a foreign Minister to iarnish to the local govern- , ^j^* othouse- ment a list of the members of his household, including his hired serv- nished. ants, with a statement of the age and nationality of each. When this is requested it should always be given. 52. In most Mahometan and Oriental countries, the rights and immu- . Extraterritorial- nities of extraterritoriality have been secured by treaty to foreign repre- tian' countries. '*' sentatives, including to some extent Consular Officers. Among the rights of extraterritoriality is that of criminal and civil ju- risdiction, which will be specially treated under its appropriate heading. i»3. Couriers aud bearers of dispatches, employed by a Diplomatic Bearers of dis- Agent in the service of his Government, are privileged persons, as far as is necessary for their particular service, whether in the state to which the Agent is accredited, or in the territories of a third state with which the Government they serve is at peace. 54. It is the custom of international intercourse that to a Diplomatic Importations Agent shall be conceded the privilege of importation of effects for his '^^^ *^' personal or official use, or for the ftse of his immediate family, without payment of duties thereon. The application of this privilege varies in different countries, but as a rule is restricted to the head of the Mission. It is the duty of the Agent to acquaint himself with the formalities pre- scribed in such case by the local law or regulations, and to conform •therewith. The privilege is one of usage and tradition, rather than an inherent right, and is one which the Government of the United States gives to the foreign representativ^es it receives. Where the Agent has Reciprocity of ground to believe that a full measure of reciprocal courtesy is limited '' * ^^^^' ^^^' or denied to him abroad, he should refrain from questioning the local rule on the subject, but await such instructions as the Department of State may give him after receiving full information as to the circum- stances. 55. The diplomatic privilege of importing goods for personal use is Free importation not accorded to a foreign Secretary of Legation in the United States or re°tarier of Lega- in any foreign country, so far as is known. tion. 56. In most countries the franchise of importation is accorded to Importations by a Charg6 d'Affaires ad interim. Where the exception exists the fact fairesSntecim. should not be made the occasion of remonstrance or argument with the local government without the express directions of the Department of State. 57. Transit free of customs dues is usually conceded by a third state Transit through through whose territories a Diplomatic officer passes on his way to or a third country. from his post. His status, however, while in the third country lacks the extraterritorial element of immunity belonging to him in the coun- try to which he is accredited. 58. Finally, a Diplomatic Agent should be persona grata to the Gov- Personal accept- ernment to which he is accredited. ability. 14 Article TI.— Residence and Business Offices. Offices in the 59. The Department of State prescribes no fixed rule as to the fti^^oe^"^^^^^'^ offices for the transaction of the business of the Legation. The general custom is to set apart convenient rooms in the Agent's private residence, to be used wholly for the business of the Legation and for its archives and property. This, however, in some cases entails inconve- nience, and the element of permanence is almost wholly absent. A consid- erate discretion will prevent the incumbent from entering into engage- ments for any length of time on a scale of living suitable to his own means but which may be inconvenient to his successor. Oflloesin aeepa- 60. In several instances, where the business of the Legation and the rate building. jj^^j^ ^^^ value of the archives and property have so counseled a Diplo- matic Agent, he has established the offices in separate premises, wholly devoted to official purposes. In these cases, where the moderate rental, the convenience of the arrangement, and the comparative permanence of location which it insures, have commended themselves to the Depart- ment, the change has been approved. A Diplomatic Agent should in no case make any arrangement involving an increase of the amount of rent allotted to his Legation, or remove the offices from separate and permanent quarters to his own residence, without first reporting all the facts to the Department of State and asking its approval. Coat of arms and 61. A Legation is not under the same necessity of displaying a coat ^"S' of arms and raising a flag as a Consulate ; but it is in most capitals customary to place an official shield above the principal entrance of the Diplomatic Ajjent's residence, or the offices of the Legation when these are separate from his residence, with a short flag-staff set above the shield, on which to display the United States flag on occasions of special ceremony, such as the Fourth of July and Washington's Birthday, and also, by way of courtesy on any national celebration in the country where the Legation is situated. Article Til.— Sundry Personal Prohibitions and Restrictions. Eetioenoe. 63* One of the essential qualifications of a Diplomatic Agent is to observe at all times a proper reserve in regard to the affairs of his Gov- ernment ; and the knowledge of these affairs, possessed by persons be- longing to the Legation, must be regarded as confidential. Uniform prohib- 63. Officers of the several grades in the diplomatic service of the ttin tasei^ ™ ''^^' ^^^it^d States are hereby instructed to conform to the requirements of law prohibiting them from wearing any uniform or official costume not previously authorized by Congress. Military title and The Statute authorizes all officers who have served during the rebel- nniform. ^{0x1 as volunteers in the armies of the United States, and who have ^®^i™'^'^*^i?^So' l*^^"' ^^ ^^y hereafter be, honorably mustered out of the volunteer sees, laafa ana Joeo. . . . ., /m . . ..,. , . „ service, to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commissions in the volunteer service. Correspondenoe 64. The attention of Diplomatic Agents is especially called to the on public affairs . . -. ■ , t. • i. ^i, j, ■,?■, ■, , , . forbidden. provision of law by which they are forbidden to correspond m regard to Revised Statutes, ^^^ public affairs of any foreign Government or in regard to any matter seo. 17B1. which may be a subject of official correspondence or discussion with the Government to which they are accredited, with any newspaper or other periodical, or with any person other than the proper officers of the United States. It is forbidden to Diplomatic Agents abroad to 15 participate in any manner in the political concerns of the country of their residence ; and they are directed especially to refrain from public expression of opinions upon local, political, or other questions arising within their jurisdiction. 63. It is deemed advisable to extend a similar prohibition against Restrictions up- public addresses, except upon exceptional fesfal occasions in the coun- o^ speech-makmg. try of official residence. Even upon such occasions the utmost caution must be observed in touching upon political matters. 66. The statute further forbids Diplomatic and Consular Officers Recommenda- from recommending any person at home or abroad for any employment ^^°^ ^°' office. of trust or profit under the Governments to which they are accredited. ^^VSf^ Statutes, sec. 1751. This prohibition against reconimeudatiou for office is hereby extended to offices under the United States ; it does not, however, prevent a Diplomatic Agent from recommending any person whom he may deem suitable and competeut to fill a subordinate office in or under his own mission. PRESENTS AND TESTIMONIALS FROM FOREIGN POWERS. 67. Diplomatic Officers are forbidden from asking or accepting, for Presents and tes- themselves or other persons, any presents, emolument, pecuniary favor, timomals. office, or title of any kind, from any foreign G-overnment. It not un- K^°ged *gtatates* frequently happens that Diplomatic Officers are tendered presents, or- sec. 1751. ders!, or other testimonials in acknowledgment of services rendered to foreign states or their subjects. These cannot be accepted without previous authority of Congress. 68. It is thought more consonant with the character of the diplo- Preferable that matic representation of the United States abroad that every offer of oourS^^in'^fd^ such presents should be respectfully, but decisively, declined. This vance. having been for several years a standing instruction to all our agents abroad, the rule is, probably, so well known as to prevent the offer of such presents in future ; but it is deemed proper to call the attention of officers to the subject, and to observe that, should there be reason to anticipate such an offer, informal notice, given in the proper quarter, of the prohibition against accepting a direct tender thereof would avoid the apparent ungraciousness of declining a courtesy. ATTACHES. 69. The law prohibits the appointment of any "Attach^ " or of any No Attach^ per- Secretary of Legation otherwise than as provided by statute. No such "ii**^^- appointment, therefore, will be made by any Diplomatic Agent of the g^tiorm4fparS^ United States ; and should it come to the knowledge of a principal graph fifth. Diplomatic Agent that any person is representing himself as an "At- tach6," or styling himself Secretary of the mission without warrant, it will be his duty to report the fact to the Department, and to inform- ally make it known to the Government to which he is accredited. Military or uaval attaches, however, may be designated by the De- partment from the ^.rmy or Navy, to reside at the seat of Legation abroad when the public interests demand it. CORRESPONDENCE OF CONSULS. 70. Consular Officers have no diplomatic position, and must not Ofacial corre- assume such unless specially instructed by the Department. They, g^j^r Officers.'^'"'" therefore, cannot ordinarily correspond directly with the Government of the country in which they reside, » 16 Article VIII.— Rules g-overning Correspondence. OOKRESPONDBNOE OP DIPLOMATIC OPPICBBS WITH THE DEPART- MENT OP STATE. Size of dispatch- es to be uniform. Margin. Dispatch re- stricted to one sub- ject. Numbering dis- patches serially. Register to be kept. Diplomatic and consular series to be numbered in distinct sequence. Distinction be- tween Diplomatic and Consular sub- jects. Form of dis- patch. "Jacket." How saperscribed. PREPARATION OF DISPATCHES. 7 1 . It has been found convenient, in the transaction of business in the Department of State, to have the ofiflcial communications from mis- sions abroad bound in volumes. To insure uniformity in this respect, all dispatches, and their accompaniments, should be written on paper of the same dimensions, viz, ISJ inches long and SJ inches broad. For the convenience of binding, a margin of at least IJ inches should be left along the inner side of the page, and a convenient space should border the text at top and bottom. The written instructions from this Department exhibit an example of the kind of paper referred to and the mode of preparing the dispatches. Dispatch paper of the prescribed form will be supplied by the Department upon requisition therefor. In no case should any dispatch, or copied inclosure, be so transcribed that the writing extends to the inner edge or backfold of the sheet. One subject only should be treated in each dispatch. All dispatches must be numbered consecutively, beginning with the acceptance of the office, and continuing, consecutively, during the term of the incumbent. A Secretary of Legation acting as Charg6 d'Aftaires ad interim, will continue the series of numbers of the prin- cipal or of the late representative. This series will, in the case of a vacancy, be continued until the entry of a successor upon his duties. A new series should not be begun with the new year ; and the series of numbers of dispatches to the Department of Btate must be kept separate from any other numbered series of communications. For the purpose of insuring regularity in the numbering of dispatches, a register should be kept, in which the numbers and dates, with an indication of subject, are to be instantly entered. 72. When the Diplomatic Officer is a Minister and Consul-Geueral, his correspondence with the Department of State is to be in two dis- tinct series, one Diplomatic and the other Consular, each to be numbered in its own sequence. In the Diplomatic series (which should be marked "Diplomatic" immediately after the number), the date should be written " Legation of the United States at " ; in the Consular series (which should similarly'be noted as "Consular") the date should be "Consu- late-Greneral of the United States at ." 73. Care should be taken to discriminate correctly between the sub- jects proper to be treated of in the "Diplomatic" series and those of the "Consular" series. Ifo precise rule cau be given applicable to all cases. Naturally, all political dispatches, reports of interviews, nego- tiations, questions concerning protection of citizens, &c., are diplomatic ; while accounts. Treasury returns, matters touching relief and discharge of seamen, and the like subjects specifically treated of in the Consular Eegulations as pertaining to the business of a Consulate, are consular. 74. The text proper of all dispatches to the Department of State should begin upon the third page of the sheet, and be written on every page thereafter until the signature is reached, and not on alternate pages, as is sometimes done. The first page serves as a cover or "jacket," for convenience of reference and file. On the second line of the first or jacket page should appear the serial number of the dispatch and th& 17 statioa of the mission; on the third line the date of the dispatch; on Fonn of dispatch, the fifth line the name of the Diplomatic Officer and of the Secretary of superscribed. °^ State to whom the dispatch is addressed; on the seventh line the gen- eral subject of the dispatch (which may often be comprehended in a single " catch- word") ; and on the subsequent lines of the first (and fol- lowing page if necessary) a synopsis of the contents. The pages of the Pagestobenum- dispatch proper should be consecutively numbered. A pro forma dis- ^®^^'^- patch is annexed to these instructions. ISrCLOSURES. 75. In transmitting inclosures in dispatches, the contents of the in- Listof inolosures closures are to be briefly stated in the body of the dispatch, and atten- tion is to be directed to such points contained in them as may appear to be particularly deserving of notice. In each case, following the signature, the officer should subjoin a "List of Inclosures," showing the names of the persons by and to whom the iuclosurep are written and the subject. All extracts from newspapers, sent as inclosures, must be neatly cut Newspaper ex- out and pasted upon cap paper, corresponding in size with the dis- tracts. patch. Tabnlar statements accompanying dispatches are in all cases to be accurately added up. 76. When pamphlets, or brief publications of any kind, are of such several copies ot interest or importance that they are forwarded to the Department, either printed matter de- as accompaniments to dispatches or separately, it is desirable that sev- eral copies (not less than three) be transmitted. 77. Should the correspondence transmitted as inclosures be in any Translations, foreign language, exact copies of the originals are to be forwarded. Translations of these should also accompany the dispatches, except when from pressing emergency there is not time to make them. In the case of vouchers for expenditures, the translation must be attached to each voucher. 78. It is especially desired that Diplomatic Agents use every en- fidelity of trans- deavor to insure fidelity in the translation of foreign correspondence, lations. A Diplomatic Officer should in no case accept without examination translations made for him by subordinates or casual employes, who may often lack a competent knowledge of English composition. 79. Whenever a dispatch mentions that a paper is inclosed, an References to in- oblique line is to be made in the margin (thus: ^), and above such line closures. is to be placed the number corresponding to the number of the inclosure. All inclosures should be indorsed and numbered. The numbers and indorseme ts indorsements, especially on all accounts and returns, should show briefly but clearly what the inclosures are, and should correspond to the description required in the "List of Inclosures" prescribed in apreceding paragraph. The vouchers of an account should not be set out in the "List of Inclosures," but the account only. 80. Each series of inclosures is to be numbered anew in each dis- geries of inclos- patch, commencing with No. 1; and when there are more inclosures nres. than one in a dispatch each inclosure is to be numbered in the order in which it is to be read. 81. In transmitting copies of correspondence with dispatches. Dip- Copies as inolos- lomatic Agents are requested to use half sheets of paper in all cases ures. where they will suffice to contain the text of the note to be copied. In making copies of correspondence, the blank space on a page at the end of one communication should not be used to begin another. The copy 15775 D A 3 18 of each communication should be on its own sheet, or, if brief, on its own half-sheet. Copies should not be made on alternate pages. Reference to pre- 83. When Diplomatic Agents write upon any subject upon which vious dispatches, ^.j^^y y^^y^^ previously written, they will be careful to refer to such pre- vious dispatches, both by number and date. Reference to lo- 83. In dispatches upon local, political, or other questions they will itic8°&c^^*°^^°^^^'^^°® themselves to the communication of important or interesting public events, as they occur, avoiding all harsh or unnecessary reflec- tions upon the character or conduct of individuals or Governments. 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 touching the political condition of the country, especially if their communications can be made to subserve or maj' affect the inter- ests and well-being of their own country. Should the Agent deem his observations of a character requiring to be treated with reserve, he will draw the attention of the Department to such passages as hereinafter directed. COERESPONDBNCB WITH THE FOREIGN aOVBRNMENT. English language 84. In his formal written communications to the Government to to be employed, ^jijch he is accredited, the Diplomatic Agent will employ the English language. Translation into 85. In the countries of the East the English communications of the foreign tongues. Diplomatic Agent to the local Government are generally expected to be accompanied by a translation into the language of the country, made by the dragoman or interpreter of the Legation. In European and American countries, urgent need of hastening a negotiation may sometimes require that a translation should accom- pany a note, but recourse to such an expedient should be unusual, and occur only when there is resonable certainty that the translation will be faithful and correct in style. TheEnglishtext In any event, the English text is alone to be resorted to in ascer- refereiToe. *^ ° tainment of the precise intention of the Diplomatic Agent, should there be question on this point. Documents in 86. In protocols of conferences, memoranda of interviews and the wo anguages. yj^^^ drawn up in a foreign tongue, it is advisable that the equivalent English version appear in parallel text, following in this respect the See section 219. general usage in regard to formal treaties and conventions; this is espe- cially desirable when the paper is to be signed by the two parties. Copies of oorres- 8 7. The Department must be furnished, without delay, with exact warded^To Depart- copies and, if in a foreign tongue, translations of all correspondence ment. with the Government to which the Minister is accredited. All his con- versations with officers of that Government having any material bear- ing on its relations with the United States should be particularly noted, as soon after the conversations as possible, and a copy of these min- utes, or the substance 1 hereof, promptly communicated to this Depart- ment. All important official correspondence with Consuls or others should in like manner be communicated in copy. The originals of all correspondence must be retained on the flies of the mission. Cipher. g g^ rphe use of a cipher in cases where secrecy is important to the public interest is recommended. If there be none among the archives of the Legation, the Department of State will furnish one. It is ex- pected that, an officer intrusted with the cipher will thoroughly famil- 19 iarize himself with its employment, especially with the spelling code, in order that, in emergencies, it may be accurately used. The cipher should be kept under lock and key, and the agent will be held personally responsible for its safety and secrecy. GENEKAL RULES AS TO COEEESPONDENCE. 89. The use of the telejjraph at the expense of the Government is Uee of the tele not permitted in the ordinary business of a legation, or in communica- S^^V'i^- tion with the Department of State, except when j astifled by the import- ance and urgency of the case, or under instructions from the Department. 90. Among the most important general duties of a diplomatic rep- Duty to trans- resentative of the CFnited States is that of transmitting to his own Gov- ™i* information, ernmeut accurate information concerning the policy and views of that frieadly social re- to which he is accredited, in its important relations with other powers. Rations with col- Isflif UPS To gain this information requires steady and impartial observation, a free though cautious correspondence with other agents of the United States abroad, and friendly social relations with the members of the diplomatic body at the place of his residence. 91. In their regular correspondence with the Department, Diplo- Information to matic Representatives of the United States will transmit early copies Department* ^°^ of all official reports and such information relating to the Government, finances, commerce, arts, sciences, agriculture, manufactures, mining, tariffs, taxation, population, laws, judicial statistics, and to the condi- tion of the countries where they reside, as may be useful. In dispatches communicating such information, however, political affairs should not be referred to, but should be reserved for separate communications. Books of travel, history, and all such as relate to matters of political What books, &o., importance, maps published by authority of the State or distinguished ^artmenT'^* *° ^^ by extraordinary reputation, and new publications of useful discoveries and inventions, will always be acceptable acquisitions to this Depart- ment. Expenditures for such purpose should, in all cases, form a sepa- rate charge against the Department; but none should be incurred with- out its previous express direction, unless in a case of absolute necessity. 9S. With the exception of the correspondence with the Treasury No direct corre- Department respecting accounts, and such other correspondence as other ^S'e p^ rt- special provisions of law or instructions of this Department may re- ments, with cer- quire, no correspondence will be held by Diplomatic or Consular Rep- ^™ excep ions, resentatives of this Government with any Department other than the Department of State. This injunction is especially applicable to communications to or from subordinates of other Departments. This rule is, however, not intended to prohibit a Diplomatic Agent from answering any reasonable inquiry of an officer of another Department unless the inquiry shall have been referred to the Department of State, but he may, if circumstances permit, answer such inquiries without awaiting special instructions ; and in so doing he should invariably send his reply, unsealed and accompanied by a copy for the flies, to the Sec- retary of State, who will decide whether, and how, it shall be forwarded to the person addressed. 93. Draughts of correspondence sent out should not be allowed to Draughts of cor- accumulate, but should be destroyed as soon as accurately transcribed destroyed!''^ *° ^ in the proper record books. 94. It is the particular desire of the Department that no Diplo- No copies of cor- matic Agent, or any officer of the Legation, should retain or carry away retained^'^b*y*the with him draughts or copies of his official correspondence. Obedience Agent. 20 to this request is enjoined, inasmuch as it has sometimes happened, and may at anytime happen, that, on the death of the possessor of such copies, they pass into the hands of others not so scrupulously observant of their confidential character. Prohibition 95. Under no circumstances should any public or official paper be fzla^publi^aw''" published without the express consent of the Department of State. Private oorre- 96. Voluntary recourse to private letters to the Secretary of State the°Dep°artmin t ^^ *« officers of the Department of State, on topics relating to the official discouraged. business of the Legation, is discouraged. It is considered best that all communications of Diplomatic Officers to the Department of State should be in the form of regular dispatches. Where the whole dispatch appears to the writer to be necessarily of a reserved or secret character, it should be conspicuously marked as Con fide n t i a 1 " Confidential." Where one or more para graphs of a dispatch seem to re- oommunioa ions. q^\j.Q ^ny precaution against undue publicity, a red line may be drawn to mark them and the word '' Confidential" plaihly written in the mar- gin. The Secretary of State, however, reserves the ultimate right to decide whether the suggested reserve is necessary in the public in- terest. Article IX.— Record Books. 97. The following record books should be kept at all Missions of the United States abroad : Dispatch-book. A dispatchbooJc, into which are to be copied all official communica- tions written by the Diplomatic Agent to the Department of State. Press copy-books are not to be considered as permanent records. Note-book. A notebook, into which are to be copied all official communications written by the Diplomatic Agent to the Government to which he is ac- credited. Letter-book. A letter-boolc, into which are to be copied all other official communica- tions written by the Diplomatic Agent. This book should contain the record of hih letters to the Consular Officers under his jurisdiction. Passport-book. A passportbooTc, in which are to be registered all passports issued or visaed by the Diplomatic Agent. Miscellaneous A misoellaneous record-booTc, for the entry of those official papers and records which cannot conveniently be classified and entered in the rec- ord books above named — and in this book should be included also copies of such translations of official papers as the Diplomatic Agent may forward with his dispatches to the Department of State. Eegister of let- A register of official letters received at the Legation, which shall em- brace the following information: Name of the writer, number and date of letter, when received, its import, and remarks thereon, as pre- scribed in the form hereto annexed. Eegister of let- A register of official letters sent from, the Legation, stating the date and import of the letter, and the name of the person to whom sent, as prescribed in the form hereto appended. Quarterly a c - A quarterly account-current book, in which shall be recorded the ac- count-book, counts of the Diplomatic Agent and the Legation accounts for contin gencies. Indexing the 98. Whenapaperof any description is entered or recorded in either records. ^f ^j^g ^^^^ books, it must be indexed by a reference both to the name of the author and the subject of the paper. Papers to be la- 99. Instructions from the Department, and all official or business ^ notes to the Legation, intended to be permanently kept there, shall be 21 indorsed with a short note of the contents and filed (not folded), until a sufficient number shall accumulate to form a volume ; when they shall be bound. 100. All Diplomatic Agents are instructed, with a view to facilitate Caxe of archives, reference to previous correspondence, to keep in their oflBces the pre- scribed registers of all the documents, papers, letters, and books which have been, or which may be, at any time received, and also of those forwarded by them on matters connected with their official duties. 101. The copied records in the books above prescribed will include Record of all protocols of conferences, notes of official conversations, copies of cor- oommunications respondence, and every memorandum necessary to a full understanding of the history of the mission. lOS. Such Ministers of the United States as, by law, are not allowed Responsibility a Secretary of Legation, will themselves keep up the record of their ^°^ condition of Legations. Any such Minister who may neglect this duty will be charge- able with the expense which the Government may incur in consequence of his neglect. Article X. — Arrangement and Preservation of the Records and Archives. 103. The public interest, and the convenience of official intercourse with Diplomatic Representatives abroad, require that every successor to a mission should be thoroughly acquainted with all the directions that may have been given by this Department to his predecessors and all that may have been done by them in their official capacity. It is therefore the imjjerative duty of all Diplomatic Agents to carefully familiarize themselves with the records of their missions, and to pre- serve the archives of their own as well as of preceding terms, with the utmost care, for the benefit of their successors in office. 104. As soon as practicable after the arrival of a Minister at his inventory of ar- T)ost he will examine the archives and property of the Legation. If an chives and prop- , , T Pi 1. 1 • 1 -i 1 ij 1 -js ■, ■^■, ertytobe sent to inventory has been left by his predecessor, it should be verified with Department. the person from whom it is received, and anything else found belong- ing to the United States, and not contained in the inventory, should be added thereto, with a note of such things as may be missing. If no inventory shall have been left, he must make one and verify it. In either case the inventory, of which a copy must be sent to the Depart- ment of State, should be fairly written and filed in the Legation. He will also, as soon as his convenience will permit, after arriving at his post, report to the Department the condition in which he finds the archives and records of the Legation. 105. The instructions given to a Diplomatic Agent of the United All records are States by his Government, the official communications received by him P'^^li" property. from other sources, the records of his answers thereto, and of all trans- actions relating to his office, belong to the archives of the Legation and must be kept subject to the orders of this Department, and be trans- ferred, with the effects of the Legation, together with the seal, press, arms, flag, and all other property belonging to the United States, to his successor in office. 106. All printed books delivered by the Department of State to a Printed hooks. Diplomatic Agent, and those found by him at the Legation, are to re. main permanently with the archives thereof, and to be transferred, as the property of the United States, by him to his successor in office, or 22 to such person as may be designated by the Department of State to take charge of them. Preservation of 107. As fast as the correspondence received at a mission accumu- Mohives by bind- ^^^^^ .^^ sufficient quantities to make a volume of from 2 to 4 inches in thickness in any particular series of records, the Diplomatic Agent should cause it to be neatly and durably bound and appropriately let- tered, in the manner prevailing in the Legation. If practicable, it is best to have this work done at his office. The cost is a proper item for the miscellaneous expense account. Bound in regular 108. It will in most cases be found convenient to have the corre- • series. spondence bound iu the following series : A. Dispatches from the Department of State, arranged according to number and date. B. Notes from the Government to which the Agent is accredited, arranged by date. C. CorrespQudence with the consulates under the jurisdiction of the Le'- gation. This should, if practicable, be classified alphabetically as to con. sulates, and chronologically as to the correspondence from each consulate. D. All other miscellaneous letters received, arranged by date. Inolosures, how All iuclosures received with any communication should be bound with bound. j^j jf ^jjg original inclosures, for any reason, have been transmitted to some other quarter, a note of the fact should be inserted, and copies should, if possible, be retained on the flies. Translations. Translations should be bound with the original. Indexi n g t h « An index should be inserted at the beginning or end of each volume volumes. of correspondence. Missing oorre- If, when the binding of the Legation archives is undertaken, any spon enoe. ^^^^ ^^ ^j^^ correspondence with the Department of State is missing, the fact should be reported, whereupon au effort will be made to supply copies of the missing papers to complete tbe file. Preservation of 1 09. If a Diplomatic Agent, on taking charge, should find that any eo erreoor s. oftJie older records of the mission are unbound or not arranged, he should endeavor to classify, arrange, and bind them. These older records, often of great historical value, are always of interest and utility, and it is the desire of the Department of State that they should not suffer by neglect or be inaccessible. If the accumulation be large, it is not of course expected that the labor of their arrangement should be entailed on any one incumbent of the mission, but it is hoped that each in sue. cession, in the interest of the public service, will endeavor to do his share in the gradual work of remedying any existing disorder. File-cases some- 110. At some Legations, instead of binding the received corre- ames use . spondence in volumes, as above directed, the custom obtains of placing the papers in convenient pamphlet-cases of uniform size and appear- ance, appropriately lettered on the back, with an index-sheet within, so as to afford a ready knowledge of the contents of each. Where this has been done for any length of time, and is found to secure safety from loss or displacement and ready access to the correspondence, it is not desired that the custom should be changed. It is, however, undesirable to adopt this method of preserving the files at Legations where it can well be avoided. Article XI.— malls. Abuse of the dis- 111. Attention is called to the matter wMch alone may be trans- patoh pouches. mitted by the pouches and dispatch bags of the Government. 23 1st. Official correspondence and matter for the President or Vice- President of the United States, or either of the Executive Departments of this Government, or the heads thereof, or the President pro tempore of the Senate, or the Speaker of the House of Eepresentatives. 2d. Letters, newspapers, and printed matter intended for either of the Assistant Secretaries, the Assistant Postmasters-General, or the Assistant Attorneys-General, or for any of the officers of this Depart- ment. 3d. The private correspondence of the officials of the United States abroad, and of the members of their families. . All such correspondence will be indorsed on the left upper corner of Indorsement o f the envelope, thus : U. S. Legation at , A. B., Minister (orCharg6 ""n-espondence. d' Affaires or Secretary). The signature of the officer will be regarded as a certificate that the letter comes within the above rule. Letters not so indorsed and signed will not be forwarded through the mails of the United States. 4th. Matter transmitted at the request of any foreign Government to its representative in the United States. Letters from other members of the Diplomatic Corps may, if requested, be forwarded by a Minister or Charge d' Affaires under cover to the Department. 113. Letters of unofficial persons, not members of their own ^''^^^seonunof- families, are not to be sent by Diplomatic Agents to the Department of State with official dispatches, for transmission to persons in the United States. If any correspondence be ascertained to be of this char, acter, it may be detained at the Department of State. WHEN BEAKERS OP DISPATCHES MAY BE EMPLOYED. 113. It is expected that communications to the Department will Communications be sent by mail ; or, if by private hand, that no promise be made ^^ ^ "**' " to the person so employed of compensation, or of a reimbursement of his expenses, without the previous authority of the Department and that no ground of expectation of compensation or of reimbursement of expenses be given. It may happen that responsible private Individ- Private offers of uals offer their service, without expectation of compensation, for the conveyance of official communications to the Department, or from one legation to another. Such courteous offers may sometimes be accepted if deemed advisable. 1 14. It is not intended to 'prevent Diplomatic Agents abroad When special from employing couriers at the public expense when the mails are patST^agents^av obstructed, or deemed unsafe, and when there may be occasion to be employed, address the Department on subjects materially affecting interests of the United States which might suffer from delay or reasonably appre- hended interruption in the transmission of the dispatch. The exercise of the utmost discretion is, however, enjoined in judging of these exi- gencies. Whenever the minister shall determine to send a courier, he will inform this Department of the fact, assigning the reasons there, for, and stating the compensation he recommends to be allowed him The Secretary of State nevertheless reserves to himself the right in all cases to judge of the necessity for the employment of a messenger, and of the propriety of paying the whole or any part of the compensation which may have been recommended. This should be fully explained by the Minister to the messenger before intrusting him with the dis- patches. Naval letters. 24 When a bearer of dispatches is employed as above, a special pass- port may be given to him by the Diplomatic Agent, setting forth his name and the' duty he is to perform, Sach a passport is to be fur- nished without charge, and is only good for the journey for which it is issued. LETTERS UNCALLED POK. -J , . ^ J i 115. All letters, except as below, addressed to the care or in the ters. custody of Diplomatic Ofllcers, remaining uncalled for for a period of six months, are, on the first days of January and July in each year, to be forwarded directly to the Post-Office Department as dead letters. The packet should be securely sealed, addressed to the " Post-Office Department, Dead Letter Office, Washington, D. 0.," and forwarded as other official matter. It should be accompanied by a letter of advice showing the number of the inclosures. 116. But letters intended for officers and seamen of the Kavy in the Pacific and Asiatic squadrons, and letters intended for the crews of whaling vessels, may be retained one year before transmitting them to the Post-Office Department. Upon returning such letters an indorse- ment should be made on each, stating the reason for detaining it be- yond the six months above described. Not to be opened 1 1'^' Instances have occurred where dead letters returned from le- nor stamps remov- gations have been found opened, and where the stamps have been de- * tached. As the post-mark is frequently indistinct, the removal of the postage-stamp often deprives the Post-Offloe Department of the means of ascertaining where such letters were originally mailed, without open- ing them, which, under treaty stipulations, it has no authority to do with letters mailed in a foreign state. Diplomatic Agents are, there- fore, instructed to" take care that letters received by them are not opened by unauthorized parties, and that they are not dispelled of the stamps which they may bear on their arrival at the legation. Article XII.— Passports and Protection of Citizens of the United States. 118. Passports are to be issued only to citizens of the United whom issued.' States, and are to be numbered, commencing with No. 1, and so con- Revised Statutes, tinning consecutively until the end of the incumbent's term of office. For a Diplomatic or Consular Officer to issue a passport to a person not a citizen of the United States is a penal offense punishable on convic- tion by imprisonment not exceeding one year, or by a fine not exceeding $500, or both. Persons who have merely declared their intention to be- come citizens are not in the full sense citizens of the United States within the meaningof the law. Provided, that nothing herein contained is to be construed as in any way abridging the right of persons domiciled in the United States, but not naturalized therein, to maintain interna- tionally their status of domicil and to claim protection from this Gov- ernment in the maintenance of such status. Bywhomissued. 119. Passports in the United States can be issued only at the De- partment of State; In foreign countries they can be issued only by the acting chief Diplomatic Eepresentative; or in the absence of a Diplo- matic Representative from the country, then by the Consul-General, if there be one, or, in the absence of both of the officers last named, by a Consul (Form No. 9 of the Consular Regulations). In the colonies of a country a passport may be issued by a Consul-General, if there be one; 25 otherwise by a Consul. The issue of passports by Consular Agents is prohibited. Professional titlesjwill not be, inserted in passports. A fee equivalent to five dollars in the gold coin of|the;United States must be , chargedand collected for eachpassportgranted^orissued by a Diplomatic Agent. 120. When an application is raade^for a passport by a native citi- Ou what evi- zen, before it be granted the applicant must make a written declaration ^^^'">- under oath, stating his name in full, age, and place of birth, sup- ported also, if possible, by the af&davit of a'^creditable person, to whom the applicant is personally known, and to the best of whose knowledge and belief the declaration is true, and the Minister or Consul may require such other evidence as he may deem necessary to establish the applicant's citizenship. If the ajiplicant claims to be a naturalized citizen, he shall also produce the original or^certified copy of the decree of the court by which he was declared to be a citizen; and it is the duty of the Minister or Consul, at the close of each quarter, to trans- mit to the Department a statement of the evidence on which all such passports were issued or granted. The applicant should also, in both cases, be required to take the oath of allegiance, and the oath should be transmitted to the Department with the quarterly return. A passport issued from this Department, coupled with the proof that the person in whose behalf it is presented is the person named therein, may be taken as prima facie evidence of the citizenship of the applicant, within two years from its date. ISl. It is understood that persons present themselves in some for- Certificates of eign countries to the Diplomatic or Consular Eepresentatives of this "'tizenship. Government with certificates of citizenship issued by a local or mu- nicipal ofQcer, such as the mayor of a city, or a notary public, with a Eevisecl statutes, view to be registered as American citizens, that they may travel under ^'''^^- 4075-4078. the protection of such certificates. The laws of the United States permit the Secretary of State alone to grant or issue passports in the United States, and prohibit all persons "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," from granting or issuing "any passport or other insirnment in thenature of a, passport, to or for any citizen of the United States, or to or for any per- son claiming to be, or designated as such, in such passport or verifica- tion." Such certificates, therefore, have no legal validity, and are not to be recognized. An instrument issued by an unauthorized person substantially in the form used by the Department of State is within the letter and intent of the prohibition of the statute. It is not mate- rial whether such instruments are issued in foreign countries or in the United States, and the prohibition applies equally to State, municipal, or Federal officers. I 'iSJ. Complaints have from time to time reached the Department of Pap. rsiu the na- State of the issue of passports, or papers in the nature of passports, by p^oUibfted^*^^"^** Consular Officers when prohibited from doing so. In future it will be re- quired that Diplomatic Officers shall make, in addition to the return hereinafter prescribed, a semi-annual return of passports to the De- partment, showing each passport issued by Consular Officers in any form which may have been presented to them for visa or otherwise. This report will embrace the name of the person to whom the pass- port was issued, whether such person is a citizen by birth or natur- 15775 D A^ 4 26 alization, the date of issue, the name and title of the Consular Officer issuing the same, the form of the passport or paper, and also the several visas thereon, the dates thereof, and the names of the officers making the same. Consular certiii- 133. Certificates are sometimes issued by Consular v-ifflcers incoun- cates of citizen- ^^.-^^ ^jjgpg jijgpg {g g^ Diplomatic Representative, attesting the identity of the persons to whom they are granted, to be used in the place of regularly issued passports for the purposes of travel or local protec- tion. In countries where the local laws or regulatious require the de- posit of a passport during the temporary sojourn of a traveler, a Con- sular certificate setting forth the facts as appearing from the passport may be granted, but only to comply with the requirements of the local law or regulation. Certificates in the nature of passports, and to be used as such, are wholly unauthorized. Visas of pass- 134. Passports are to be verified only by the Consular Officer of the ports. place where the verification is sought, for which a fee of one dollar in the gold coin of the United States, or its equivalent, will be collected. In the absence of such Consular Officer, or should the foreign Govern- ment refuse to acknowledge the validity of the Consular visa, it may be given by the principal Diplomatic Representative. A diplomatic Representative or his Secretary of Legation may, however, verify pass- ports presented to him when there is no Consulate of the United States established in the city where the Legation is situated. A Consular Agent may visa but cannot issue a passport. Returns of pass- 135. At the close of each quarter, returns are to be made to this ports. Department of the names of and particulars regarding the persons to wliom the passijort shall be granted, issued, or verified together with the amount of the taxes or fees collected for the same, which taxes or fees will be charged on the books of the Treasury against the person receiving them. The fees for visas or passports should be entered and accounted for iu the regular quarterly statement of the Agent's account. Married ^ouru 136. When the applicant for a passport is accompanied by bis wife, and minors. minor child, or servant, it will be sufficient to state in the passport the names of such persons, and their relationship to or connection with him. A separate passport must be issued for each person of full age, not the wife or servant of another, with whom he or she is traveling. Novka after two 137. 'No visa will be attached to a passport after two years from its years. date. A new iiassport may, however, be issued in its place by the proper authority, as hereinbefore provided, if desired by a holder who has not forfeited citizenship. Irregular certiii- 138. Applications have Sometimes been made to the Diplomatic and "^Cm'itiontobeoi)- Consular Officers of the Government for the issue of certificates of citi- served. zenship to persons residing in foreign lands and claiming to be Ameri- can citizens. Hereafter no certificates will be issued, except in the form of passports under the regulatious herein prescribed, unless a dif- ferent form be prescribed by the laws of the country in which the Legation or Consulate is situated, in which case the Diplomatic Rep- resentative or Consul will transmit to the Department a copy of the prescribed form. Toprotect the dignity of such citizenship, and to guard against fraudulent assumption of it. Ministers and Consuls will be strict in the observance of the rules herein laid down, and will exercise cau- tion iu issuing passports to applicants. When their intervention is in- voked on behalf of citizens of the United States residing in foreign 27 countries, agents of the Grovernment will be careful to remember that it is as incumbent on such persons as it is upon the citizens or subjects of those foreign countries to observe the reasonable laws of the State in which they reside. 139. When the Diplomatic Agent is satisfied that an applicant for Interposition of protection has a right to his intervention, he should interest himself in ^^'^"^■ his behalf, examining carefully into his grievances. If he iinds that the comiilaints are well founded, he should interpose firmly, but with cour- tesy and moderation, in his behalf. 130. The United States have treaties with several powers regulat- Treaties as to ing the rights of naturalized citizens of the United States on their re- "e,'"™^''''''^ "'*'" turn to their native lands. Abstracts of those several treaties are given in Appendix 2 of the Consular Eegulations. 131. It is provided by law that " all children born or hereafter born Kevised statutes, out of the limits and jurisdiction of the United States, whose fathers '^^'^' were or may be, at the time of their birth, citizens thereof, are to be de- clared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States." That the citizenship of the father descends to the children born to him when abroad, is a generally acknowledged principle of interna- tional law. 133. It is further provided by law that any woman (who might law- Citizenship of fully be naturalized under the existing laws), married, or who shall be "Ke™edStet^ute8 married, to a citizen of the United States, shall be deemed and taken sec. 1994. to be a citizen. The recognition of this citizenship will be su'^ject to the qualification above referred to. It is also provided (Rev. Stat., 2168) that when any alien who has made declaration, dies before he is actually naturalized, the widow and children of such alien shall be considered as citizens of the United States upon taking the oaths prescribed by law. 133. Abuses which have heretofore occurred in granting protection Protection in from the local authority in eastern countries, and especially in the Turk- Oriental countries. ish dominions, to persons who, in the opinion of this Department, had no claim thereto, render it advisable that the Legations and Consulates there should, once in six months, report the number, names, and occu- pations of the persons to whom, during the six months preceding, such protection may have been given, or by whom it may have been claimed. Such report will in future be expected to be made at the beginning of every January and July. It is believed that sound policy dictates the utmost scrutiny and caution in extendng the protection of this Govern- ment to any persons abroad not citizens of the United States. This policy, scrupulously adhered to, is apt to afford more efficient protection to those to whom it is really due. Such protection should in no event be given to aliens not actually in discharge of ofiicial duty under the Special caution, direction of the respective Diplomatic Agents and Consular Officers Or employed in their domestic service, or when it will operate to screen the holder from prosecution for offenses against the laws of the country, or when reasonable ground exists for objection by the Government. No instrument in the nature of a passport should be issued to aliens thus protected ; it will be sufficient to grant, when necessary, a certificate setting forth their relation and duties in connection with the Legation or Consulate. 28 DUTIES TOWARD AMERICAN CITIZENS. Duties toward 134. The powers aud duties of Diplomatic Officers in regard to their American citizens, fellowcitizens depend in a great measure upon the municipal law of the United States. No civil jurisdiction can be exercised by them over their countrymen without express authority of law, or treaty stipulation with the State in which they reside, and no criminal jurisdiction is per- mitted to them in Christian States. They are particularly cautioned not to enter into any contentions that can be avoided, either with their countrymen or with the subjects or authorities of the country. They should use every endeavor to settle in an amicable manner all disputes in which their countrymen may be concerned, but they should take no part in litigation between citizens. They should countenance and pro- tect them before the authorities of the country in all cases in which they may be injured or oppressed, but their efforts should not be extended to those who have been willfully guilty of an infraction of the local laws. It is their duty to endeavor, on all occasions, to maintain and promote all rightful interests, and to protect all privileges that are provided for by treaty or are conceded by usage. If representations made to the authorities of the country fail to secure proper redress, the case should be reported to the Department of State. ' Claims '^^^ interposirion of Diplomatic Agents is often asked by their coun- trymen to aid in the collection of claims against the Government to which they are accredited. If the claim is founded in contract, they will in no event interfere without specific instructions to do so. If it is founded in tort, they will as a general rule in like manner seek pre- viou'-: instructions before interfering, unless the person of the claimant be assailed, or there be pressing necessity for action in his behalf before they can communicate with the Department; in which event they will communicate in full the reasons for their action. Aid to destitute 133. There is no appropriation or authority for the relief by a Dip- fllodzed"^ not an- io,„,^tig Qfflcer of a distressed citizen of the United States, or for fur- nishing him transportation home. The exception in the case of seamen falls under Consular administration. Social relaiioiis 136. While the social relations of a Diplomatic Agent to his own ^etis^™*'""'"^" '^" countrymen resident in or visiting the capital where he resides should be cordial, they have no claim, upon his hospitality requiring him to as- sume expenses or burdens not in accord with his official duties or com- pensation. Article XIII.— Marriages, Estates or Deceased American Citi- zens, and llnofficial Services. MARRIAGES. 137. It is enacted by statute that " marriages in presence of any Con- To be performed sular Officer of the United States in a foreign country, between persons in the i>ieseiice of .^Jjq ^ould be authorized to marry if residing in the District of Colum- Reviscd Statutes, bia, shall be valid to all intents and purposes and shall have the same sec. 4082. effect as if solemnized within the United States." As under the Consti- tution of the United States the States have exclusive power of determin- ing the conditions of marriage and divorce as to persons domiciled within their borders, this statute only covers marriages by persons domiciled in the Disti-ict of Columbia or in the Territoines. The statute does not exclude modes of solemnization other than that in presence of a Consular Officer. Marriages abroad, by citizens of the District of Columbia, or of the Territories, when not in the presence of 29 a Consular Officer, if otherwise valid, are not invalidated by the above statute. The statute does not authorize the Consular Officer to perform the ceremony. All that is prescribed is that it is to be in his presence. As it is a principle of international law that the law of the place of Performance of solemnization shall, whenever this is practicable, determine the mode of * ^^ ''^'■^'"•"'y- solemnization. Consuls, when giving their sanction to a proposed mar- riage of this class, should be satisfied (1) that the parties are domiciled in the District of Columbia or ia the Territories, and (2) that the re- quirements of the law of the place of celebration should be as far as practicable complied with. It is not intended, however, in these in- structions, in any way to question or modify the principle of interna- capacity of par- tional law that while the form of solemnizing marriage is determined ^^^^ ^^^ ^°rm of ordinarily by the law' of the place of solemnization, exceptions are rec- ognized, (1) when it is impossible to use such form, (2) when it is re- pugnant to the religious convictions of the parties, (3) when it is not imposed on foreigners by the sovereign prescribing it, (4) when the ceremony is performed, as will be seen in a subsequent clause, in a non- christian or semi-civilized country. In Massachusetts, where the service must be performed by a licensed minister or a justice of the peace, a statute has been adopted validating marriages before foreign consuls and in foreign legations. This may be the case with other States. As H general rule, matrimonal capacity is determined by the law of the place of domicil of the party in question. Solemnization by a clergymen or magistrate is not necessary to the validity of a marriage in most jurisdictions in this country. The rule as to prevalence of local forms does not apply to non-Christian or semi civilized countries where Consular courts are established. In those countries the Consular Officer will liave to determine, so far as con- cerns persons domiciled in the District of Columbia or in the Territories, whether the parties would be authorized to marry if residing in the Dis- trict of Columbia or in one of the Territories. His duty, so far as concerns persons domiciled in a State, is to inquire whether they are authorized to many in such State. It is held, also, in respect to a Consular Officer in ' Op. Atty. Genl., suchcountries tliat the right to perform marr'age is incident to the judicial office, and consequently that he may solemnize the ceremony if it is the wish of the parties that he should do so. It is deemed preferable, however, in such cases, where ^there is a duly qualified minister of a religious denomination whose services can be obtained, that the cere- mony should be performed by him, and that the Consular Officer should confine himself to granting the certificate before mentioned. 138. Thestatuary provisions refer only to Consuls. Itisnot unusual jj^ ceiemony in a for Americans abroad to ask permission to have a marriage ceremony legation. per formed in the Legation, and in the presence of the Minister. There is no reason why a Minister or Charg6 should not comply with this re- quest. But it is proper, at the same time, to inform the parties making the application thd^t, in the opinion of the Department, a ceremony of marriage, performed within the precincts of a Legation, should with the above limitations comply with the requirements of the laws of the coun- try within which the Legation is situated. 139. Whenever an application is made for the use of the Legation Preliminary in- for such a purpose, it will be the duty of the principal Diplomatic Eep- , , -r. meuts in certain 22, 23, and 32 of the Consular Eegulations of 1881, when preferred by countries. principal Officers in the Argentine Confederation, Belgium, Bolivia, Chili, Hawaiian Islands, Netherlands (except the colonies), Peru, Sweden and Norway, Uruguay, and Venezuela, must be accompanied by the written approval of the Diplomatic Eepresentative of the United States. 32 TEMPORARY APPOINTMENTS AND SUSPENSIONS. Subord:t.o;c ap- 147. In case a vacancy occurs in the offices both of Consul and k)matioReprJseiu- Vice-Oonsul, which requires the appointment of a person to perform atives. temporarily the duties of the Consulate, the Diplomatic Representative has authority to make such appointment, with the consent of the foreign Government and in conformity to law and the Consular Eegulations, im- mediate notice being given to the Department of State. In those coun- tries, however, where there are Consuls-General, to whom the nomina- tions of subordinate officers are required to be submitted for approval, the authority to make such temporary appointments is lodged with them. Immediate notice must be given to the Diplomatic Represent- ative of the proposed appointment, and if it can be done within a rea- sonable time, he should be consulted before the appointment is made. If such a vacancy should occur in a Consulate-General, the temporary- appointment will be made by the Diplomatic Representative. Suspension ij y 14S. Occasions may arise in which the official or personal conduct SntatTves!' ^^^^^''' •'^ ^ Consul or Commercial Agent is of a character making it desir- able and proper, in the interests of good service, that he should at once be suspended from his functions. Under the general supervisory au- thority conferred upon a Diplomatic Representative, this power may be exercised so far as to suspend temporarily an Officer until the decision of the Department of State can be made known. Such an extreme measure, however, should be resorted to only in cases of grave miscon- duct, and in no case when the reasons deemed to justify it can be promptly communicated to the Department. EXEQUATURS. Commission and 149. When a Consul is appointed it is the practice of the Dei)art- exequa ur. ment of State to send the Consular commission to the Diplomatic Rep- resentative in the country to which the Consular district belongs, with instructions to apply in the proper quarter for an exequatur, by which the Consular Officer is officially recognized and authorized to discharge his duties. When the exequatur is obtained, it is transmitted to the Consular Officer at his post, through the Consulate-General, if there be one in the country ; otherwise, directly to his address. The Consular com- mission is also sent to him at the same time. It is usual, also, to apply in Subordinate oiifi- the same manner for the exequaturs or formal recognition of subordinate officers. The practice in respect to such officers in the colonies or de- pendencies of a country is to instruct the Consul-General, or the princi- pal Consular Officer, if there be no Consul-General, to apply to the proper colonial authority for permission for the subordinate to act tem- porarily in his official capacity, pending the result of the request for the exequatur. Upon the application of the Consular Officer, or of the Consul-General when there is one, the Diplomatic Re])resentative may Temporary per- make to the Minister for Foreign Affairs such request for temporary mission to act. ... ■ ^i ,. ,-, t ^ '"•■j permission to act, in the case ot any Consular Officer under his juris- diction. INTERVENTION OF THE DIPLOMATIC AGENT WITH 'J HE LOCAL GOV- ERNMENT TO SECURE CONSULAR RIGHTS. Application to 150. In countries with which the United States have treaty stipu- autliorifies. ^ lations providing for assistance from the local authorities. Consular Offi- cers 33 cers are instructed that it is undesirable to invoke such interposition un less it is necessary to do so. In cases of arrest and imprisonment they will see, if possible, that both the place of confinement and the treatment of the prisoners are such as would be regarded in the United States as proper and humane. If a request for assistance is refused, the Consular Officer should claim all the rights conferred upon him by treaty or con- vention, and communicate at once with the Diplomatic Eepresentative in the country, if there be one, and with the Department of State. When such requests are made in accordance with long-established usage, he should, when they are refused, make suitable representations to the proper local authority, and likewise advise the Legation and the Department. Article XT.— Judicial Extraterritorial Rights and Functions of Diplomatic Agents. 15 1. By treaty stipulations with most non-Christian countries, the , Secured by trea- United States has acquired a right of extraterritoriality. ccmutries?*'^ **^ Congress has enacted certain statutes for carrying into eftect the Statutory enao!^- provisions of treaties in this respect by conferring judicial powers upon Consular Ofilcers and original or appellate jurisdiction upon Dip- lomatic Agents. These statutes are embraced in sections 4083 to 4130, inclusive, of the Revised Statutes. It is the duty of all Diplomatic Ta be carefully Agents in those countries to acquaint themselves with these provisions * ^ ^* • . of law. For the convenience of the Diplomatic Agent, certain particulars Certain special concerning his original powers and tnnctions, and his d^dvisory, supervi- °^^^- sory, or appellate relations to Consular Ofilcers exercising extra territo- rial jurisdiction in the same country, are herein given, premising that our legislation on the subject is in a verj'^ unsatisfactory and uncertain condition, which Congress has been asked to remedy. WHAT LAWS TO GOVERN PROCEEDINGS. 153. The jurisdiction of both Ministers and Consuls in criminal and Jurisdiction, how civil matters is to be exercised in conformity, 1st, with the laws of the ^Ke^vised Statutes United States; 2d, with the common law, equity, and admiralty; and, sec. 4086. 3d, with decrees and regulations, having the force of law, made by the Ministers of the United States in each country, respectively, to supply defects and deficiencies in the laws of the United States, or the common law, as above defined. 133. This power of the Minister to make laws and regulations is Power of Minis- limited, by construction of the Department, as not imparting to him ters to make laws. an arbitrary power of legislation, but as remedial and confined to acts necessary to organize and give efficiency to the courts created by the act. 154, The authority conferred by the statute is defined to be a,judic- Definition of ial authority. The Minister is required to execute the power in eon- ^'^"^ authority. formity with Hie laws of the United States, with authority to supply de- fects and deficiencies in two cases only : 1. Where those laws are not adapted to the exercise of the judicial authority conferred by the statute ; 2. Where they are deficient in provisions to furnish suitable rem- edies. In each of these contingencies the Minister has authority to make regulations in order " to furnish suitable and appropriate remedies^ 2890 D A 5 34 Act of June 22, and for no other purpose whatever. Every power named in the statute Large, vol!' 1^2, p. ^^ ^^^^ respect is conferred upon the Minister, " in order to organize and 73. carry into effect the system of jurisprudence.^^ FORMS OP PROCEEDINGS. Forms of pro- 153. It is provided that the Ministers shall prescribe the forms of "ROTrjd Statutes *^^ processes to be issued from the Consular Courts, the mode of execut- 860.4117,4120. ing and the time of returning the same; the manner in which trials shall be conducted, 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 to be allowed to the prevailing party, and the fees to be paid for judicial services ; the manner in which all OflScers and Agents to execute process shall be appointed and paid ; the form of bail bonds, and the security which shall be required from the party who appeals from the decision of a Consul. He is required to make from time to time such further decrees and regulations as may be nec- essary. It is his dutj' also to establish a tariff of fees for judicial serv- ices, to be paid by such parties and to such persons as he shall direct. How prepared 136. The Statute further provides that all such regulations, decrees, ^Ee-nseTsta^iites ^^'^ orders shall be plainly drawn up in writing, and submitted, as here- sec. 4118. inbefore provided, for the advice of the Consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, and each Consul shall signify his assent or dissent in writing, with his name sub- scribed thereto. After taking such advice, and considering the same, the Minister in each of those countries may, 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 binding and obligatory, until annulled or modified by Congress ; and it shall take effect from the publication or upon any subsequent day named in the act. Revised Statutes, All such regulations, orders, and decrees shall, as speedily as may j^u n^e ^^22^^ 1860^ ^® ^^^^^ publication, be transmitted by the Ministers, with the opin- Stats. at Large, ions of their advisers, as drawn up by them severally, to the Secretary ^° ■ ' P- ■ • of State, to be laid before Congress for revision. Forms In Consu- 157. The forms and practice in each Consular Court have now become lar Courts. settled by usage. Bach Consul is required to conform to them. Should he find defects in any part of the existing system, he will call the at- tention Of the Diplomatic Eepresentative of the United States to them. The power of directing a change is vested in that OfiScer by law and should be exercised, if called for by circumstances, in the manner pre- scribed in the foregoiug sections. LIMITATION OF CONSULAR JURISDICTION. Powers of Con- 158. The power of commencing original civil and criminal proceed- ^Eevised Statutes ™^^ ^^ vested in Consular OfiQcers exclusively, except that capital cases sees. 4087, 409o', for murder or insurrection against the Government of either of the countries named in the statute, or offenses against the public peace amounting to felony under the laws of the United States, committed by citizens of the United States, may be tried before the Minister. Original jurisdiction is vested in the Ministers also in cases where the Consular Officer is interested either as party or witness. 4109, 35 JURISDICTION IN CAPITAL CASES. 1S9. A perusal of the several sections of the existing statutes may Capital cases. leave the Diplomatic Agent in doubt as to whether it was the intention of Congress to make his jurisdiction in capital cases exclusively orig- inal, or exclusively appellate, or either as the case miy be, or simply revisory. Section 4084 gives to Ministers and Consuls in China, Japan, Statutory pro- Siam, Egypt, and Madagascar jiower to arraign and try "all citizens diotion.^^*" ^"™' of the United States charged with offenses against the law." Section 4086 refers to the jurisdiction so conferred as exercisible " in both crimi- nal and civil matters." Section 4087 authorizes each of the Consuls at ports in the above-named countries to arrest and try all offending citi- zens of the United Stares. Section 4090 provides that capital cases may be tried befor(^ the Minister if allowed jurisdiction by treaties- Section 4091 authorizes each of the Ministers iu the countries named "to hear and decide all cases, criminal and civil, which may come before him, by appeal," in cases where appeal is provided. Section 4102 pro- vides that insurrection or rebellion against the Government of either of those countries, and murder, shall be capital offenses punishable with death, but no person shall be convicted unless the Consul and his asso- ciates all concur, and the Minister also approves of the conviction. Section 4106 provides that where the Consul shall be of the opinion that associates will be useful, there shall not be less than four such as- sociates in capital cases. Section 4108 provides that the jurisdiction allowed by the Ministers in the countries named above shall be exer- cised by them iu those countries wherever they may be. Section 4109 provides that the jurisdiction of the Minister, in all matters of crimes " except in capital cases * * * shall be appellate only." If iu doubt on these points, it may be advisable, wherever there is a Juriadiotion of Consular Court established, for the Diplomatic Agent to confine his cases* preferably jurisdiction to matters of revision and appeal, as the course most con- appellate. sonant with the usual principles of justice which it is made his duty to apply. 1 6©. The Statute provides that in the case of a conviction entailing Execution of the the death penalty, it shall be the dutij of the Minister to issue his war- ^Ke*^|,d°Sti^ute8, rant for the execution of the convict, appointing the time, place, and sec. 4103. manner; but if the Minister is satisfied that the ends of public justice demand it, he may from time to time postpone such execution; and if he finds mitigating circumstances which authorize it, he may submit the case to the President for pardon. 161. As this provision stands, it appears to make the Diplomatic When the Presi- Agent the sole judge of the propriety of extending Executive clemency ^eMquested. ™^^ to the convict. It was probably not the intent of Congress to bar the exercise of the President's power of pardon at the discretion of a Di- plomatic Agent ; and it would be manifestly improper as well as of doubtful constitutionality to do so in the possible case of conviction being had before the Officer whose duty it is made to execute the sen- tence. In cases coming under this statutory provision, the Department of State deems it advisable that the Diplomatic Agent should always regard the ends of public justice as requiring postponement of the ex- ecution until the case is reported and copies of the judgment and tes- timony are transmitted to the Department of State and the President's views in the premises shall have been received. sees. 4102,4106. aec. 4106. ates. 36 ASSOCIATES. Revised Statutes, 162. Consuls may also, when of opinion that legal questions may sec. 4106. arise in which assistance will be useful, or that a punishment in excess of one hundred dollars' fine or sixty days' imprisonment is required, summon associates, citizens of the United States, not more than four in number, taken by lot from a list to be previously approved by the Minister, to sit with them on the trial, each of whom is to enter upon the record his judgment and opinion, and to sign the same ; but the Consul himself gives the judgment in the case, whether it accords with til at of his associates or not. Revised Statutes, 163. In trials for capital offenses, there must be not less than four associates, who must all agree with the Consul, and the opinion must be approved by the Minister before there can be a conviction. Revised Statutes, 164. It is the duty of a Consular Officer after arrival at his post to make himself acquainted with the leading resident citizens of the United States, in order that he may nominate for the approval of the Minister a list of individuals for the purposes of the statute. List of associ- 165. The list should be full, so as to embrace, if possible, every interest in the community. It should be composed exclusively of citi- zens of the United States of good repute residing at the place. From time to time it should be revised. No person should be permitted to act as an associate on a trial who has any interest, direct or contingent, in the suit. Associates may 166. Section 4106 of the Eevised Statutes seems to give Consuls MinisteS°also ^^ ^^^J *^6 discretionary power to summon associates. In practice, how- ever, it is customary for the Minister to exercise this power in cases where he has original jurisdiction. SENTENCES. Punishment to 167. In the infliction of punishments on persons convicted in Con- States laws. ^ sular Courts, Diplomatic Agents as well as Consular Ofllcers are ex- pected to be governed by the provisions of the statutes of the United States prescribed for similar offenses, and will be careful that the sen- tence in each case is in conformity therewith. SETTLEMENT OF OONTBOVEESIES. Settlement of 168. It is the duty of Diplomatic Agents equally with Consular "r" vXId^ltatutes OflQcers to encourage the settlement of controversies of a civil character sec. 4098. by mutual agreement, or by submitting them to the decision of referees ; and the form of such submission is to be acknowledged before the OfBcer. After hearing any case the referees are required to deliver their award sealed to the Offlcer, who is to open it in court. If he ac- cepts the award he shall indorse the fact, and render judgment thereon. The parties, however, may always make a settlement before return is made to the Offlcer. In criminal cases. 1 69. In some criminal cases it is lawful for the parties concerned Bfrim. ®***''*^^' therein, with the assent of the Minister in the country, or Consul, to adjust or settle the same among themselves upon pecuniary or other considerations. APPEALS. Appeals. 1 70. The Minister is authorized to hear and decide all cases, criml- 6608^4 9 1,^4 09^3^ nal and civil, which may come before him by appeal, and to issue all 4094, 4095. processes necessary to execute the power conferred upon him ; and he is fully empowered to decide finally any case upon the evidence which 37 comes up with it, or to hear the parties farther, if he thinks justice will be promoted thereby. He may also prescribe the rules upon which new trials may be granted, either by the Consul or by himself. Provision is also made for appeal in certain cases from the decision of the Minister to the circuit court for the district of California. 171. An appeal may be taken to the Minister from a decision of a Appeal to Minis- Consul acting alone, where the fine exceeds one hundred dollars or the *e" • h gt t t term of imprisonment for misdemeanor exceeds sixty days. sec. 4089. 1 72. If associates sit with the Consul in criminal proceedings (ex- When associates cept capital and except in the case mentioned in the preceding para- ^Revised Statutes graph), an appeal can be taken to the Minister only in the event of sec. 4106. disagreement between the Consul and any of the associates. 1 7Jf . In civil cases the consul is required to summon, under the stat- In civil proceed- ute, associates, therein described, to sit with him (1) when he is of opinion ^jfevised statutes that the case involves legal perplexities, or (2) when the damages de- sec. 4107. manded exceed five hundred dollars. In a case in which the damages demanded do not exceed five hundred dollars, if he decide the case with- out aid, his decision is final. But in such cases, when associates sit with the consul, an appeal can be taken to the minister where there is a dis- agreement of opinion between any of the associates and the consul. Article XVI. — miscellaneens Duties. DIPLOMATIC OFFICERS ACTING FOB FOEBIGN STATES AND STTBJECTS. 1 74. Diplomatic Officers are sometimes requested to discharge tem- Ministers acting porarily the duties of those of other countries. It may be proper as a ^"'^"''eign States. matter of comity to accede to such requests, but not (unless under urgent circumstances) until permission has been granted by the Department of State. Diplomatic Officers, however, are prohibited by the Constitu- tion (Art. 1, Sec. 9) from performing without the consent of Congress any duties for any foreign Government which involve the acceptance of office from such foreign Government. NEGOTIATION OF TREATIES. 1 75. Whenever a Diplomatic Agent of the United States is intrusted Full powers. with the negotiation of a treaty or convention, a full power will be given to him. 176. In case of urgent need a written international compact between a Diplomatic Agent and a foreign Government may be made in the ab- Provisional n e - sence of specific instructions or powers. In such cases it is preferable fui/power87' °" to give to the instrument the form of a simple Protocol, and it should be expressly stated in the instrument that it is signed subject to the ap- proval of the signer's Government. 177. The Diplomatic Agents of the United States will adhere to the " Altemat." principle of the "aWerwat," in all cases where they shall have occasion to sign any treaty, convention, or other document, with the plenipoten- tiaries of other Powers. 178. For the convenience of Diplomatic Agents who may be in- trStfes'i^nT **' structed or empowered to negotiate and sign a treaty of convention languages. with the Government of a country where another language than English is officially employed, the following explanatory regulations touching the clerical preparation of such instrument are given: A. The texts of the two languages should be neatly engrossed in par- The two texts to ... ... .r J! i.1- "® parallel. allel columns on the same sheet, if possible, or on opposite pages oi the same document. Two separate copies in different languages are not 38 advisable, although this expedient is sometimes resorted to in the East- ern countries. , Observance of B. In the copy to be retained by the Diplomatic Agent and transmit- the alternat. ^^ ^^ ^^^^ Government, the United States is named first, in all places where the alternative change may conveniently be made, throughout both texts. Conversely in both texts throughout the treaty, the foreign Government is first named in the copy which it retains. Relative position 0. The language of the Government which is to retain and publish o e tex s. ^jjg convention should always occupy the left-hand place in the copy to be delivered to it. Fidelity of equiv- D. The utmost care should be taken to insure the substantial equiv- a enoe enjome . alence of sense of the two texts, so as to exclude any erroneous effect due to translation. While a strictly literal translation is often harsh, and sometimes impossible, the absolute identity of the idea conveyed is indispensable. To this end the punctuation of the two texts should also be attentively scrutinized and brought into substantial conformity. Exchange of B. Inasmuch as in this country the pleasure of the Senate must be ra 1 ca ions. awaited before the treaty can be ratified, and as delays may accordingly supervene, it is the preference of this Government that it be provided that the ratification and the exchange of ratifications shall be effected "as soon as possible" rather than within a specified time. EXTRADITION . OF FUGITIVE CRIMINALS. Extradition of 179. Applications for extradition are made, as a rule, by the Diplo- fugltive criminals, j^^^^j^ Representative. In case a Consul is charged with. such a duty, he may expect to receive instructions from the Department of State or from the Diplomatic Representative. DEPORTATION OP CRIMINALS, ETC., TO THE UNITED STATES. Deportation of 1 80. By the act of Congress of Murch 3, 187/>, and August 3, 1882, ""statai'at'^arge, ^^ ^® made unlawful for certain persons to immigrate to the United vol. 18, pt. 3, p. States. Provision is made for the inspection of a vessel, if there is I88i-'8l,''p. 2h!^"' reason to believe that such persons are on board, and for their return at the expense of the vessel. Diplomatic offl- Diplomatic Officers are enjoined to exert an active vigilance to pre- oers u les. yent the deportation of these persons, and should they depart for the United States notice thereof should immediately be given that they may be stopped before landing. Diplomatic offi- The shipping of known paupers or criminals to the United States is cer may protest, regarded as a violation of the comity which ought to characterize the in- tercourse of nations, and should be prevented by every proper measure. MORMON EMIGRANTS. Increase in Mor- 181> The accessions to the polygamous Mormon community are mon immigration, ^^rgely drawn from the ignorant classes of Europe. A recent decision Decision of the of the Supreme Court of the United States has determined that the Supreme Court, polygamy of Mormonism is a violation of the laws of the United States Act of March 22, respecting the crime of bigamy, the provisions of which are embraced ^^^'^- in section 5352 of the Revised Statutes. A recent statute defines the offense of polygamy and provides for prosecution and punishment. It is believed that no friendly Power will knowingly lend its aid to attempts made within its borders against the laws and Government of the United States. 39 Accordingly, the Diplomatic Eepresentatives of the United States in Instructions t o Great Britain, Denmark, Sweden and Norway, Switzerland, Germany, tain countries. Austria-Hungary, Italy, Belgium, the Netherlands, and France, have heretofore been instructed to urge the subject upon the attention of the Governments to which they are accredited, in the interest not merely of a faithful execution of the laws of the United States, but of the good order and morality which are sought to be promoted by all civilized countries. TESTIMONIALS FOR THE RESCUE OF SHIPWRECKED AMERICAN SEA- MEN. 183. Congress makes annual provision to enable the President to Provisions for award suitable testimonials in deserving cases where foreign shipmas- saviM'life at sea."^ ters or crews of foreign vessels may have shown humanity or bravery with risk of life, in the rescue of shipwrecked American seamen, or the relief of American vessels in distress at sea. These testimonials are ? ° "^ awarded and presented. awarded in the name of the President and usually consist of some material gift. It is the duty of Diplomatic Agents to report to the Department t^bTre^orted"^^^^ of State any instances which may come to their knowledge of acts of humanity and courage shown to shipwrecked American seamen by shipmasters or subjects of the foreign state. Such reports should give all accessible particulars necessary to reach a decision upon the pro- priety of awarding a testimonial in the cases, and the names of the de- serving parties should, if possible, be accurately ascertained. In no case, however, will a Diplomatic Agent take it upon himself to Caution, pledge the Government of the United States to any form of recognition- INFORMATION AS TO LIGHT-HOUSES, BUOYS, SHOALS, ETC. 183. Diplomatic Offtcers are expected to report all matters that may Light-houses, come to their knowledge affecting the navigation of waters in their districts, or that may be of public interest or advantage. All notices of the erection of new lighthouses, removals or changes in those estab- lished, the discovery or survey of shoals and reefs, changes in chan- nels, the fixing of new buoys and beacons, and all subjects that con- cern the interests of navigation, should be communicated promptly to the Department of State. If published notices are sent, two copies should be furnished; and if they are in a foreign language they should, when practicable, be accompanied by translations. FORMS. 184. A limited number of forms adapted to the transaction of the ^^°^^ appended business of a diplomatic mission is appended to these Instructions. These forms will be followed in all cases where their use is obligatory. Other forms suitable, with slight alteration, for use in diplomatic busi- ^J^J?^^ forms in ' _ ^ ' _ , T. 1 • the Consular Eeg- ness, will be found in Appendix No. IX of the Consular Regulations ulations of 1881. for 1881, pages 507-597. If so desired, printed copies of any of these forms can be sent to the Diplomatic Agent. Article XVII.— Lieaves of Absence. 1 85. In case of leave not being asked or granted, or if granted not Leavesof absence availed of, in any one calendar year, the term for which such leave might iave been granted cannot be added to the leave of a subsequent year. not cumulatiTe. 40 eompeasabioiQ. 1 §6. Although the time for which leave may be granted is diisere- 8M* im ^*''*''*^*' tional, the time during which compensation may be paid, uuder the statute, is not. Leaves are of Leaves of absence are of two kinds — simple leave, and leave with two kinds. permission to visit the United States. The character of the leave desired must be distinctly expressed in the applicaltion. Both classes of leave are subject to the statutory conditions alluded to above. When leave of absence is granted to return to the United States, the term is computed from the day of arrival in the United States to the day of de- parture therefrom ; but a reasonable time in addition is allowed for going to and returning from the officer's place of residence, provided a visit to his residence is made, but not otherwise. The transit allowance men- tioned in section 1742 of the Revised Statutes, and for which the allotted times are scheduled in these regulations, is a maximum allowance to cover delay for any cause. Travel. The concession, during leave of absence, of any transit time for travel other than to and from the United States is impossible under the statute. Limitation of 187. It is the evident intent of Congress, as expressed in the stat- atsences. ^j.^^ ^y^^^ Diplomatic Agents should not be absent from their posts more ^^^742 ^*^*^*^^' *^^° sixty days in any one year, with the additional time necessary for the transit to and from their places of residence should they return to the United States; and that if they are absent more than that time they shall not receive compensation for such additional period. Conduct of busi- 188. The Department does not regard the statute as requiring Dip- nesB while in the igmatic Agents to reside throughout the year at the seat of Government. There are long periods in every year when, by reason of the departure , of the principal members of the G-overnment from the capital, or from other causes, the public interests will not suffer should a member of a Legation reside temporarily at some other place in the same country. But in such case it is expected that the office of the Legation will be daily opened as usual for the transaction of business by a Secretary thereof, and that the Diplomatic Agent will fix his place of residence at some near and convenient point within the territories of the Power to which he is accredited, whence he can without delay visit the Legation whenever necessary, and can at any moment be summoned by tele- graph ; and he will, in such case, report to the Department the place where he thus establishes himself, the day of his departure from the seat of Government, and the day of his return thereto. With this ex- ception a Diplomatic Agent will be regarded as at his post only when he is at the seat of Government. Absence for ten 189. When a Diplomatic Officer is absent from his post for a period ^Eevised Statutes exceeding ten days at any one time, without permission previously sec. 1741. ' obtained from the President through the Department of State, no portion 18 Stats., 77. Qf ^jjg salary or compensation of the office will be allowed for any time in excess of the ten days, unless the propriety and necessity of the absence shall be made clear to the Department. It is understood that the provision in regard to an absence of ten days was intended to meet those cases of sudden emergency which allow no sufficient time for communicating with the Department, and in which some serious detri- ment is likely to occur before a formal application can be acted upon. It is not to be assumed that an unauthorized absence of ten days can be taken as a matter of course. 41 190. Applications for leaves of absence must be made by post, and Applications not when replies to such applications are requested to be made by tele- egraph!* ^ ^ ® " graph a sufficient reason must be given for the request. If the request be complied with, the expense of the reply will be chargeable to the (Officer soliciting it. 191. Diplomatic Eepresentatives will report to the Department of Absences to be State, as they occur, all absences from their respective posts (as the '■«P°'^*''d. jpost is above defined) exceeding forty-eight hours, whether by leave or otherwise; and all such absences are to be regarded as a part of the sixty days for which salary may be received while the Representative is absent during any one year. Accounts and certificates of absence for the use of Treasury Officials are to be made to conform to this in- struction. 1 93. The provisions laid down in the statute with respect to orig- Transit wliile on inal transit to a post of duty are in like manner applicable to the tran- Revised Statutes jsit journey to and from the United States while on leave of absence see. 1742. with express permission for such visit. Permission to visit the United States can never be implied. 193. An Officer, ordered to another post of duty, may solicit leave Absence In case of absence, with or without permission to return to the United States °^ transferred offi- before proceeding to his new post. In no case can such leave, if granted, extend beyond the date when the vacancy created by the Diplomatic Officer's departure is filled by the arrival of his successor at the vacated mission ; or beyond the term of sixty days in any one calendar year, as already explained. Article XVIII.— Secretaries of Iieg:ation. 194. The general duties and obligations of a Secretary of Legation General duties. are, from their nature, little susceptible of a minute definition, and must, therefore, in a great measure be determined by circumstances, or ascer- tained by the growing experience of the Minister at the head of the Legation. Upon all occasions the Secretary will be particularly on his guard Reticence en- against talking to others of the affairs of the Mission, or disclosing to Joined- them, directly or indirectly, anything connected with those affairs. 193. It is the duty of a Secretary of Legation to transcribe and clerical duties. dispatch the letters or communications of the Minister, to whomso- ever addressed, upon the affairs of his Legation, as well as all dis- patches and communications to his own Government and that to which he is accredited ; to make and send duplicate copies of the same when necessary or required, and to record all such dispatches and com- munication sin suitable books, to be carefully preserved with the archives care and custody of the Legation, as forming an essential and important portion of those of the archives. archives. The proper classification, indexing.^ and custody of the orig- inals of all dispatches, notes, and official communications addressed to the Minister or to the Legation, touching the affairs thereof, will also be under his immediate control; subject, of course, to the Minister's su- pervision and directions. It will be a Secretary's duty, moreover, Attendance dur- habitually to attend, during the usual hours of business, at the office of ing oflace hours, the Legation, as well for the purpose of executing the duties above prescribed as for that of answering any official applications of his fellow- citizens or others. As the records, books, archives, seal, and cipher of the Legation are always supposed to be under the immediate care and 15775 D A 6 42 superintendence of the Secretary of Legation, all due care and method will be expected on his part in the arrangement and preservation of them. Subordination to 196. As long as the Minister is present, the Secretary of Legation minister. jg jj^j recognized by any Foreign Government as being authorized to perform a single official act other than as directed by the Minister him- self ; and it follows, as a necessary consequence, that in his official con- duct he is under the direction, and subordinate to the control, of his immediate superior. ACTING AS CHARGE D'AFFAIRES ad interim. How acting as 197. If at any time, from circumstances or accident, the place of chargfi d'affaires a(J ^^^ principal Diplomatic Agent should become vacant, it will be the duty of the Secretary of Legation, in the absence of other i)rovi8ion on the part of this Government upon the subject, to retain the charge of the seal, cipher, records, books, and archives of the Legation, and to take upon himself the discharge of the ordinary functions of the Mission, as Charge d'Aftaires of the United States ad interim, till the vacancy be otherwise supplied. In the event of the Minister's absence from his post, by permission of the Department, the duties of Gharg6 d' Affaires ad interim will in like manner devolve upon the Secretary ; and in such case he will be duly presented by the Minister to the Min- ister for Foreign Affairs as the officer in charge of the Legation. Compensation as 198. It is to be distinctly understood that whenever a Secretary of fe^^^'**^*™^"^ Legation shall act as Charg6 d' Affaires ad interim, this circumstance will not give him any other claim to compensation than that provided for the contingency by act of Congress. The compensation provided by the act of 18th August, 1856, is in lieu of his salary as Seci'etary of Legation, which under that act ceases during the time he shall so act as Oharg^ d' Affaires ad interim. UNOFFICIAL SERVICES. Notarial services. 1 99. The existing Statute authorizes a Secretary of Legation, equally Keyised Statutes, ^\i\^ a Consul, to administer oaths, take depositions, and generally to perform notarial acts. This statute is not construed by the Department as mandatory on a Secretary of Legation. He is at liberty to act or to refuse to act, but it is thought that he will feel it his duty to accommo- date persons desiring his services in a notarial capacity. When so act- ing, he is entirely outside of his official duties, and his compensation, Seal of the lega- if he receives any, will belong to him personally. Should a seal be re- tion to be used, q^jred, he will use that of the Legation. Where there is a Consul of the United States in the city it is preferred that duties of this character be performed by him. SECOND SECRETARIES. Distribution of 20© • The duties of a Second Secretary of Legation are, in general, duties. similar to those of a First Secretary of Legation, whom he assists in the performance of the work of the Mission as herein prescribed. In doing so, the wishes and directions of the Minister will govern the dis- tribution of their joint duties. No extra com- 201. In the absence of the First Secretary of Legation, the Second as rl^st^SeMetaiyf Secretary, when there is one, is not entitled to any compensation beyond 43 the salary fixed for his oflSce by law, for acting in place of, or perform- ing the offlpial daties assigned to, the First Secretary. 303. A Second Secretary of Legation does not act as Oharg^ d'Af- Not to act as faires ad interim except in the event of the absence, death, or disability ad 7ntenm ex^^pt of both the Minister and the First Secretary of liegation. Should the in certain cases, case arise, he needs no formal credence from the Secretary of State to the Minister for Foreign Affairs, bat acts ad interim in virtue of his rank as a Secretary of Legation. His compensation in such a contingency Compensation if will be as prescribed in the case of the principal Secretary of Legation. ^° ^"^'^s- Article XIX. — Rents and Contingencies. 303. It is the custom of the Department to make an allowance to Office rent. purely Diplomatic Agents for rent of ofQces. sSt^TOe.^*^*"**^' 304. Where the office rooms devoted to the business and archives Office 'rooms in of the Mission are situated in the residence of the Diplomatic Agent, a denoef*"*'* ^^^^' moderate allowance is made to him, to an amount deemed sufficient to defray the pi'oportionate rental of the rooms devoted to business pur. poses, as compared with the rental paid for the whole dwelling. This allowance is not intended as a contribution toward the Agenf s personal expenses of living, but simply as an adequate and equitable arrange- ment. OFFICERS COMBINING DIPLOMATIC AND CONSULAR FUNCTIONS. 305. A number of Diplomatic Agents are, by law, also Consuls- General. Except as to salary drafts, their financial relations with the Department of State and the Treasury Department are iu their Con- sular capacity only. In the matter of rent and contingent allowance, application should in each instance be made to the Department of State for instructions. Combined office. SPECIFIC ALLOWANCES. S06. Stationery. — ^Diplomatic Officers are allowed for such station- Stationery. «ry as may be used in their official correspondence only. This is usually furnished by the Department of State, except to Legations at the prin- cipal capitals, where the facilities for obtaining such supplies well and economically are as good as in the United States, when the contingent allowance of the Mission is expected to cover the purchase. At any Legation, however, necessary articles of stationery may be bought, if they can be obtained at reasonable rates within the limits of the con- tingent allowance. In making requisitions upon the Department care should be taken to state what kind of stationery is wanted, and the quantity of each kind. 307. Furniture. — Itis expected of Diplomatic Officers thattheir offices Furniture, shall he suitably and respectably furnished. For this purpose they are generally allowed for furniture a book-case, and other cases capable of containing the archives, a suitable desk and table, and the necessary chairs, a sofa, carpet or matting, and curtains. In all cases, before incurring expense for furniture. Diplomatic Officers wiU obtain the sanction of the Department of State, and in their applications they will be careful to state the articles required and the estimated cost of each. SO 8. Foreign newspapers, not exceeding three in number, are al- Newspapers lowed to each Legation, and are a charge against its contingent fund 44 Subscriptions therefor should be settled quarterly, and the account rendered for the quarter correspondiug to the subscription. Two newspapers published in the United States will be sent to each Legation, in the discretion of the Department. These may be desig- nated by the Chief of Legation on or before the Ist of May in each year, for the fiscal year beginning on the 1st of July following. A sub- scription which for any case may begin at another time shall be frac- tional only, not extending beyond the 30th of June next following, and express request for its renewal for a subsequent year must be made as above. Correspondence concerning the opening or renewal of sub- scriptions to these papers must be had with the Department, and not with the publishers. In no case will a Diplomatic Agent subscribe to any paper published in the United States and send the bill, or direct it to be sent, to the Department of State for payment. Telegrams. 309. Telegrams will not hereafter be regarded as part of the ordi- nai'y contingent expenses of a Legation. An accurate account must be kept of all telegrams charged in the Ministers' accounts, which will be transmitted at the close of each month to the Department, at which time the Minister or Charge may draw upon the Secretary of State for the amount paid for telegrams during the month. Charges not al- 910. No allowance will be made to Diplomatic Agents for expendi- ^°'^^^- tures for the following objects : Repairs, donations, except the necessary and customary annual gratuities to foreign official dependents ; taxes, carriage-hire, traveling expenses, unless authorized; contributions to chairtable or other objects ; foreign flags ; telegrams, except in cases of exigency; printed boolis or maps, advertisements; clerk-hire, unless provided for by law or under authority from the Department of State; or for copying or translations, except when made by special order and authority of the Department. All such charges, if incurred, will be at Repairs. the personal expense of the head of the Legation. Repairs, however, of the official seal or of furniture, and the expense of moving the archives and property on a change of location of the Legation officers, are proper charges against the Government. Article XX.— Special Provisions concerning Compensation. COMPENSATION OP PERSONS FILLING TWO OFFICES. Revised Statutes, 311. The Statute provides that when to any diplomatic office held sec. 1686. jjy ^j^y person there is superadded another, such person shall be allowed additional compensation for his services, in such superadded office, at the rate of fifty per centum of the amount allowed by law for such superadded office. Charge d'Affaires 313. This provision does not apply to a Secretary of Legation acting "ReviseTstatutes ^* officio as Charg6 d'Affaires ad interim, for his compensation is deter- seo. 1685. mined by another statute, nor to a Consul performing diplomatic duties. Revised Statutes, **Wh^en om en *^'3. It applies when a lawfully salaried Diplomatic Agent atone sation for two offi- post is authorized and accredited to perform the duties of another post "RevisetT.^tatutes ^*^^ which provision is likewise made by law ; in whicli case the statute sec. 1686. ' further allows transit time between the two posts at the same rate of fifty per centum of the salary of the superadded office. Superadded of- 3 1 4. It also applies in the case of an Officer at a Legation authorized floe- and required to discharge, in addition to his regular functions, the duties of another office at the same Mission ; except where the sec. 1740. 45 offices of Secretary of Legation and Interpreter are distinct and either Officer performs the duties of the other. 215. In either case, the instructions of the Department of State Instructions to 1 1 I 1 -IT-./. 1 ■ J. ii r ,, , „ , be awaited before should be awaited before drawing for the compensation allowed for the drawing oompen- superadded office, and rendering account therefor. sation. 316. For such time as a Consular Officer may, under specific instruc- Pay when per" tions to do so, perform diplom-ritic functions in the absence of the regular fcXtifs^^^^"™^* Diplomatic Officer in the countjy to which he is appointed, he is enti- Revised Statutes, tied, in addition to his compensation as such Consular Officer, to receive ^^"^ ^^^^' compensation for his diplomatic services at the rate allowed by law for a Secretary of Legation in such country. This rate has been fixed at fifteen per centum of the salary provided for the diplomatic Eepresent. ative. In countries in which the United States have no such repre. sentative, a Consular Officer is not authorized to prefer any claim for extra compensation for services that may partake of a diplomatic char- acter, whether performed under the instructions of the Department of State or otherwise. In case expenses are incurred in carrying out the Department's instructions, they will be reimbursed, if found i)roper on examination. COMPENSATION IN CASE OP MALFEASANCE. 3 1 7. A Diplomatic Officer will not be entitled to the compensation of Resignation o r his office in case he is recalled for malfeasance, or resigns in anticipa- ^^^^ malfea- tion of such recall, except to the date of such resignation, or of the Revised Statutes, receipt by him, or at the Legation, of the notification of the recall. In neither case will compensation be allowed for the time occupied in the transit to the United States. The right is reserved in any such case to direct the retention of any part or the whole of the compensation and of any sum due to such officer, if the circumstances are deemed to justify that course. TEANSFBB OF A DIPLOMATIC AftBNT TO ANOTHER POST. 318. In the event of a Diplomatic Agent, already at his post, being Limitatio ns as transferred to another Mission, that circumstance of itself gives him no ferredofflcfrs!™*' right to home transit, to leave of absence, or to other allowance than that of direct transit time allowance in proceeding from his former post to his new one. While the Secretary of State may in his discretion order a Diplomatic Agent so transferred to come to Washington to receive instructions, yet the Officer may be instructed to proceed directly to his new post ; and any failure to comply with the Department's orders in this respect will subject the Officer to loss of salary during any time when he shall not be at either post or in transit by the most usual and direct mode of couvej'ance from one to the other. 319. Salary during such time of direct transit will be computed on salary for tran- the basis of the salary of the post to which the Diplomatic Agent is sit, how computed, proceeding, and he will render his accounts, and draw therefor, on arrival at his new post. 330. Should a Diplomatic Agent, so transferred, visit the United Transit to the States, either on leave duly granted, or under the express instructions when au^horized.^ of the Department, his salary during the homeward transit, not to ex- ceed the limits hereinbefore prescribed, will be paid on the basis of the office he vacates, and will be adjusted and settled at the Department of State, in like manner as any other homeward transit. 46 Transit by way 331. If the usual and quickest means of transit oblige a transferred Stite^.^ ^"'*^* Diplomatic Agent to pass through the United States on his way from his late post to his new one, and he be under orders to make the transit directly and without leave of absence, the fact of the Agent's passage through the United States will not be considered as a " visit" to the United States, or as dividing the total time of transit into two periods of homeward transit and transit to his new post; but his journey will be regarded as embracing one transit only, to be performed with all expedition, and to be accounted for as hereinbefore prescribed. In such a case the OflBcer will rot prolong his stay in the United States, or deviate from the usual route of travel between the two posts, with- out the express authorization of the Secretary of State. Instruction al- 333. If the oflacer be ordered to report in Washington for instruc- lowance, tions, he will be compensated for the time actually and necessarily employed iu receiving them, not to exceed the statutory limit of thirty days, on the basis of the salary attached to his new post. Transit to post 333. His transit allowance to his new post, after he shall have re- sSnoted *"^ ^ °' Chived instructions as provided in the preceding article, will follow the usual rules hereinbefore laid down. REPRESENTATION AT TWO OR MORE MISSIONS. Residence to be 234. In some instances a single Diplomatic Agent is accredited as at the capital des- t,he representative of the United States to two or more foreign Govern- ^^^ ® ■ ments. In such a case the capital of one of the countries is designated by the President as the official residence of the Agent, and the time allotted for transit is computed up to the date of his arrival at that Official visits to capital. Should the Agent, thereafter, in the performance of his official other capitals. functions, be called upon to visit the seats of government of the other country or countries to which he is accredited, no special time allowance for transit is prescribed, but he will conform to the specitic instructions of the Department of State as to any allowance for traveling expenses. OVERLAPPING. Allowances not 335. In no case do the periods allotted for receiving instructions to overlap. a^£[ foj. transit to the seat of the Mission overlap one another; neither can the transit allowance overlap the regular salary at the post of duty. During no one period of time can a Diplomatic Agent receive more than a single rate of salary. Article XXI.— General Provisions concerning^ Drafts. DRAFTS. Drafts to be in 236. Drafts of Diplomatic Officers must not be made for foreign United States cur- moneys of account, but for the equivalent value iu the currency of the rency. United States. In estimating the relative value of the foreign cur- rency in which they may receive the proceeds of their drafts, they will adopt the values of foreign moneys as in the table of equivalents (Form No. 148, Consular Eegulations, 1881, page 586). Drafts for salary. 237. In their drafts for salary, Diplomatic Agents will be careful not to exceed, in the amount drawn, the sum to which they may bo. entitled in account with the United States at the date of the draft. Contingencies. They will be permitted to draw for the amount lillowed to their re- spective Legations for contingent expenses, and for rent, at the begin- 47 ning of a quarter or from time to time dariug the quarter, as may be necessary; provided that drafts therefor shall in no case be drawn in excess of the proportion of the whole amount allowed to the part of the year which will at the close of such quarter have expired. All amounts drawn and all expenditures made must be accounted for at the end of each quarter. 238. If there should be any prospect of the interval between the re- When a Charg6 tirement of a Diplomatic Agent and the arrival of his successor beina: ^^-^^^'^l <"* *"*^ •^ '=' t> nm may draw oon- prolonged, and the Legation is in the hands of the Secretary as Charg6 tingent allowance. d'Affaires ad interim, the Department of State, on duerequest being made to it, will authorize the Charg6 to draw for the contingent allowance of the Legation by authorizing the bankers to honor his drafts for the con- tingent allowance until the arrival of the Minister. In such a case the Charge d'Affaires ad interim becomes responsible and renders account in like manner as a Minister. 329. Drafts for salary or for contingent expenses will be drawn as How drawn. follows : OflBcers in the Legations at Buenos Ayres, Vienna, Brussels, La Paz, Eio de Janeiro, Peking, Copenhagen, Paris, Berlin, London, Athens, Kome,Tokei,The Hague, Lima, Teheran, Lisbon, St. Petersburg, Madrid, Stockholm, Berne, Bangkok, Constantinople, and Caracas will draw upon the bankers of the Department in London, upon being furnished by the Department with proper credits therefor. All other Oflcers will draw upon the Secretary of State for salary and for contingencies. For expenses incurred for telegrams, draJts will be made upon the For telegrams. Secretary of State, as hereinbefore prescribed. 330. The Secretaries of Legation of Berlin, London, Paris, Peking, How drawn. Eio de Janeiro, Vienna, St. Petersburg, Tokei, and Madrid receive let- ters of credit on the bankers of the United States in Lonoon, authoriz- ing them to pay drafts for salary as it becomes due. The Secretaries of Legation at the City of Mexico, Santiago, and Lima draw for salary di- rectly upon the Secretary of State. In availing himself of his credit or Not to exceed authorization to draw for salary, a Secretary of Legation will be careful date of draft. not to exceed in the amount drawn for the sum to which he may be enti- tled in account with the United States at the date of his drafts. 331. All drafts drawn by Diplomatic Ofllcers, whether on the Sec- To be drawn at retary of State or, in the case of those holding Consular office also, on^^*'**^" ^*y^' ^'Stt. the Secretary of the Treasury, are to be drawn at flfteen days' sight, acceptance waived, in order to give sufficient time to the accounting offi- cers to adjust the accounts before the day of payment. Drafts for dis- bursements made for objects not expressly authorized by law or instruc- tions must not be drawn until notice is received from the Departmient of State that the accounts and vouchers have been examined and ap- proved. 333. Each draft must designate the account on which it is made. Drafts to desig- whether for salary or for contingencies; no draft should be drawn for ^Mohdra™n.^ *"* both salary and contingencies jointly, and care should be especially taken that no draft cover any period of time embraced in more than one fiscal quarter. All sterling drafts must be at the rate of $4.86-i^o- to the pound sterling. Convenient tables for reducing pounds sterling to dollars and vice versa at this rate will be found in the Consular Reg- ulations for 1881, Forms Nos. 161 and 162, 333. Whenever a draft is drawn by a Diplomatic Officer the blanks ^ ^^/'a'^^^^'r*' an*d in the engraved forms transmitted by the Department of State should sealed. 48 be filled up by the drawer in his own handwriting ; and for still further protection against forgery, or the payment of fraudulent drafts, the draft should be sealed with the seal of the Legation. Sale:of drafts. 334. In disposing of their drafts Diplomatic OflBcers are expected to use their best discretion to negotiate them at the most favorable rates, ft is necessary 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 instruction's should refer explicitly to the date and number of the instruction in which such au- thority was given. The same reference should appear in the correspond- ing account. Loss by exchange. 333. Diplomatic Officers who desire that the losses by exchange actually and necessarily sustained in the negotiation or sale of their drafts shall be allowed at the Treasury are instructed that hereafter, in mak- ing up their accounts, they will be required to present a voucher in accordance with the prescribed form exhibiting — 1st. The date of draft. 2d. The amount of draft in United States currency. 3d. Gross amount of diatt in foreign currency. 4:th. The rate of exchange. 5th. Loss on sale of draft. "^^T-;:EZi^s5i 6th. Upon whom and on what account drawn. Gam by exchange; 336. A gain by exchange in the sale of a Diplomatic Officer's drafts should be credited to the Government in the statement of account, and shown by a voucher in the form prescribed in the preceding section. Indorsements by 337. The accounting officers, who are required to see that no person procuration. receives money from the Treasury but by lawful title, cannot recognize indorsements by procuration unless on satisfactory proof of their suffi- ciency. To prevent the dishonor of such bills or drafts it may be well for Diplomatic Officers to observe the form prescribed with a view to overcome this difficulty. Accounts must 338. Diplomatic Officers are explicitly informed that drafts except panv drafts*"""™ ^^^ current salary are not paid until the accounts and vouchers for which they are drawn have been received, examined, and approved ; and that in order to secure payment, as well as to' prevent embarrass- ment and delay to holders, it is necessary that the accounts should be sent so as either to precede the arrival of, or be received at the same time with, the drafts. In the case of all drafts, and especially of drafts for salary, drawn upon the Secretary of State in pursuance of these instructions, a letter of advice should invariably be addressed to the Department of State, by the Diplomatic Agent, in which the date, amount, and particulars of the draft are stated in detail. Article XXII.— Accounts and Vouchers. GENERAL RULES. To be stated in 339. All accounts of Diplomatic Officers, like their drafts, must be United States cur- gtated in the currency of the United States, not in foreign money of account or currency. The table of equivalents of foreign moneys will be found in Form No. 148 of the Consular Eegulations of 1881. Tobemadeqnar- 340. AH accounts, except the final account, the accounts for salary terly. while waiting instructions and while going to the post, and the monthly account for telegrams must be rendered at the close of the calendar 49 quarter, viz: On the 31st March, 30th June, 30th September, and 31st December. If not rendered on the day assigned, the Department must be advised of the reason of the delay, and the accounts must be for- warded by the earliest possible post, the daplicates following the origi- nals by a later mail. 341 . Diplomatic Oflcers are required to keep the following general Titlesof accounts. accounts, viz : 1. Salary; 2. Contingent expenses; 3. Telegrams; 4. Loss by exchange. In case a special account for any other purpose is opened Special accounts, by order (as, for instance, for the arrest or extradition of a criminal), that account will be kept separate, and a separate return thereof made. Expenditures incurred for or by the order of any other Executive De- partment are not to be included in any account against the Department of State, but must be transmitted through the Department of State, fol- lowing in this respect the general rule regarding correspondence with other Departments. SALARY ACCOUNT. 343. The first salary account will be stated for the time, not exceed- Salary account, ing thirty days, during which the Diplomatic Agent is receiving his instructions. The account should be submitted and the draft drawn before departure. No allowance of salary, however, on account of time occupied in receiving instructions is made when the appointee is out of the United States at the time of appointment. Salary begins at the date of the oath of office. 34 3. A separate account should be stated for the time occupied in the transit from the residence of the Diplomatic Agent to his post of Transit salary. duty. 344. The final account should be accompanied by a dispatch stating the time actually and necessarily occupied in making the transit from Transit home, the post of duty to the place of residence of the Officer. The allowance of salary in such a case is never granted until the transit has been made, and will not be allowed unless the transit takes place within a reason- able time after being relieved. ACCOUNTS FOE CONTINGENT DISBURSEMENTS. 345. As the Diplomatic Agent is alone empowered by regular let- Aeoounta for cen- ter of credit to draw the contingent allowance of his Legation, he is *'°g^"<'i6^- responsible for its disbursement, and the accounts therefore must be signed by him. If a Minister at a Legation where there is a Secretary go away on Provision for leave, intending to return, he is expected to leave with the Secre- fiig^MSstM^/ab- tary sufficient funds from Lis unexpended contingent balance to defray sence. the current expenses of the office. This is necessary, as the Charge d'Affaires ad interim cannot draw against the Minister's contingent credit. The contingent accounts, however, are not to be rendered by the Charge d'Affaires, but should either be sent to the Minister while on leave, for his signature, or should preferably be held to await his return to his post. 346. Accounts should be transmitted to the Secretary of State, in du- Duplicates. plicate, each copy by a difl'erent mail, to guard against delay by loss or miscarriage. Exact vouchers in all cases of expenditure will be re- 1.5775 D A 7 50 quired, and, when in a foreign language, must be accompanied by Eng- lish translations ; but as contingent expenses are sometimes incurred under circumstances not admitting of a regular voucher for every item, a separate account of these should be kept and certified by the OflScer rendering the account. SEPAEATB AOOOUNTS. Accounts to be 247. Besides the general accounts mentioned in section 241 the ment of St^e'?^'^* following separate accounts are to be transmitted in duplicate to the Department of State, viz : account for clerk-hire ; account for pay of persons employed, but notformally commissioned, as interpreters, guards, and other expenses in non-Christian countries; account for rent of prisons, wages of keepers, and other expenses, in China, Japan, Siam, Turkey, and other non-Christian countries; account for expenses in- curred in the arrest and transportation of persons charged with crime; account for expenses of acknowledging the services of masters and crews of foreign vessels in rescuing American citizens ; and any account specially ordered by the Department of State. TOUCHEKS. Vouohets. 248. Vouchers in a foreign language, not accompanied by trans- lations, may be suspended by the accounting officers. In all cases they must be the originals, as copies of vouchers will not be audited. In case, however, it should be impracticable to obtain duplicate vouchers for any item, the original voucher should accompany the original state- ment of account, and a certified copy be sent with the duplicate state- ment with an explanation of the necessity for so doing indorsed thereon. Postage. 249. Postage — From the nature of the case, no voucher can usually be required for this disbursement beyond the personal explanation of the Diplomatic Agent. If, however, an account is kept with the local post-office, a voucher should be obtained from the postmaster, when practicable. Postage is not to be charged in the account of a Diplo- matic Officer, except on dispatches and letters received and written by Loss by ex- him on official business and by reason of his office. Vouchers for loss change. ^y exchange should be embraced in the statement of account thereof. ABSENCES, HOW STATED IN ACCOUNTS. Absences;; to be 250. Bach quarterly account for salary must be accompanied by a reported. .^ statement certified by the Officer, and showing the absences from the post during the quarter, and whether by leave or oth erwise. All ab- sences from his post exceeding forty-eight hours, whether by leave or otherwise, are to be reported by the Diplomatic Officer to the De- partment as they occur, and are to be regarded as a part of the sixty days for which salary may be received, while absent during any one year. If there be no absences during the quarter, a certificate of non. absence should accompany the quarterly account. COMPENSATION OF BEARERS OF DISPATCHES. 251. The compensation of bearers of dispatches, when employed with an intention to compensate them, is not to exceed six dollars per diem for the time actually and necessarily occupied in that service and their necessary traveling expenses. 51 VOUCHERS rOK UNEXPENDEB BALANCE AT TERMINATION OF OFFICE. 3S3. A Diplomatic Agent, having resigned or having been recalled, Unexpended fcal- and being about to quit his post, should turn over any unexpended ^"^.^ of officer ° balance of contingent allowance for the current quarter to his succes- sor, or, if he quit his post before his successor's arrival, then to the Secretary of Legation who is to act as Charg6 d' Affaires ad interim, and take his receipt therefor in duplicate. This receipt, with such vouchers as he may have up to the time of his departure, will be his quittance for the amount of contingent fund drawn by him and charged to his debit on the books of the Treasury. His statement of account will be made out up to the day of his taking leave or installing the Oharg6 d' Affaires in office. The Oharg6 d' Affaires will credit to the United States whatever official sums he may roceive from the retiring Minister, and will duly account therefor, in his own name, with customarj' vouchers. ACCOUNTS OP A CHARGE; D'AFFAIRES AD INTERIM. 353. A Secretary of Legation acting as Charg6 d'Affaires ad interim jj^^ rendered, as herein provided will submit to the Department seiiarate accounts at the end of such term of temporary charge, or if this extend beyond the last day of a regular quarter he shall render a like account for the partial periods to the end of the first quarter, and from the beginning of the succeeding quarter, and when approved, a special authorization to draw therefor will be given him. If, however, his necessities require, he can, while acting as Gharg6 d'Affaires ad interim,, draw against his account as Charge on the Secretary of State and discontinue the prac- tice of drawing on the bankers or on the Department for his salary as Secretary of Legation, and at the end of the quarter, or of his tempo- rary incumbency, on the approval of his accounts, special authority to draw will be given him for such further sum as may then be found due. DEPOSIT OF PUBLIC MONEYS. 3o4. No authority can be given to a Diplomatic Officer under which he can be relieved of his liability for public moneys in his possession. Deposit of pub- deposited by him with banks or bankers, other than the designated "^ """^J"®- bankers of the United States, and In the latter case the deposits must be made to the credit of the Government. All personal deposits other- wise made are at his own risk; and in the event of loss by failure or otherwise of the banks or bankers, the Department of State is with, out the power to relieve him from the necessity of making good the amount. Belief can be obtained only by an act of Congress. Article XXIII.— Termination of a Diplomatic Agent's Mission. 25Si. The Agent's resignation should always be tendered to the President, but the letter tendering such resignation should be addressed Resignation, to the Secretary of State. The telegraph should not be resorted to ^'"^ tendered, except in case of emergency. 356. A civil officer has a right to resign his office at pleasure, and U. S. vs. Wright, to take effect it is only necessary that the resignation should be received " ean, p. by the President. This rigid construction is, however, not adhered to in practice in the case of Diplomatic Agents, and a conventional date is assigned when a resignation shall be deemed to take effect. 52 When it takes 257. Eesignation while at the Agent's post is always understood efifeot. ^ ^^-^^ effect on his being relieved by his successor. If desired to take effect sooner, the circamstance should be stated in the letter of resig- nation, and be so accepted, before the incumbent quits his post. Eesignati on 258. Eesigiiation while on leave of absence in the United States is Reunited Stotei!' understood to take effect from the date of its acceptance. Resignation 259. If the Diplomatic Agent tender his resignation while absent while absent.^^ ^^^^ j^.^ p^^^ ^^ leave, but not in the United States, it is understood, :' Return to post unless other n'ise stated, that he will return to his Mission on the termi- expeo e . nation of his allotted leave and await the arrival of his successor; but if his successor reach the seat of the Mission before the termination of the Agent's leave of absence, his resignation and his leave of absence take effect aud determine on the entrance of his successor upon the duties of his ofiftce by presentation of his credentials. Resignation 260. If a Diplomatic Agent, having received leave of absence (with effeor^at ^ena** of or without permission to return to the United States), tender his res- leave, ignation to take effect at the expiration of his leave of absence, it may be so accepted, provided the demands of the public service do not re- quire that the vacancy be sooner filled; and if so filled, the retiring offtcer's leave shall be held to terminate thereby. Transfer. 26 1 . A Diplomatic Agent may be transferred to another post, either upon his own application, if circumstances make it advisable to accede to his request, or in the discretion of the President. If the latter be the case, his non-acceptance of the arrangement does not give him any claim to remain in his former office. Recall at pleas- 262 . A recall is usually accomplished at the pleasure of the Presi- ure of the Presi- ,jent, during a session of the Senate, by sending to that body the nomi- nation of the Officer's successor. Upon the confirmation and commis- sion of his successor, the original incumbent's office ceases. He is, however, expected to remain at his post until duly relieved. If circum- stances require otherwise, the case must be governed by the special When functions instructions of the Secretary of State. In any case his official functions ''^Opinions of At- ^"^ '"^^ cease until he has received notification of the appointment of his torneys-General.v. successor, either by spedtic instruction of the Department of State or 6, p. 87. ^jy ^YiQ exhibition of his successor's commission. Recall while on 263. A Diplomatic Officer may be recalled while on leave of absence; and his successor appointed, as above. In such case, his office, and with it his leave of absence, ceases on the receipt by him of official no- tification of the fact. Snsiiensiou. 264. The statute provides that during any recess of the Senate the seo!l768.^***"*^^' President may, in his discretion, suspend any civil officer appointed by and with the advice aud consent of the Senate (except judges of the courts of the United States), until the end of the next session of the Senate. Meanwhile the duties of the office are to be temporarily dis- charged by a person properly designated, who, during such time as he shall perform the duties of the suspended officer, shall be entitled to the salary and emoluments of the office, no part of which shall belong to the officer suspended. Opinions of At- 265. The person suspended is held to be still the incumbent of the l^.'Tifv'm.^''^^' ^^'^^f ^"^ *^® interruption of the performance of his duties is tempo- Op! cH. V. 13, p. ^^^^ ^^^ provisional. He is not displaced until the entrance of his suc- 300. • • ' • pgggQj, u2>on the duties of the office. leave. 53 266. A Diplomatic Officer, upon wliom are conferred the judicial Diplomatic Agent powers prescribed in sections 4083 to 4130 of the Revised Statutes, is united' fta%s not deemed by the Department of State to be a judge of a court of the court. United States within the meaning of section 1768, but may be sus- pended in like manner as any other Diplomatic Officer. 367. The statute further provides that a successor to the suspended Revised Statutes, officer shall be nominated to the Senate during its next session succeed- ^''Nomination o f ing the suspension; and if the nomination in place of the suspended successor, officer be rejected, the President may still make other nomination dur- ing the same session. In case such session of the Senate shall adjourn Failure to con- without acting upon the nomination before it, it is held that the failure opinions of At- of the Senate to confirm such nomination operates to restore the sus- tomeya-Gen e r a l, pended officer; yet it is held also that the latter may again be suspended pj. 6^,^76. ' ^^' by the President for any causes which in hfs judgment are sufficient, without regard to the time when such causes began to exist. 368. The duties and salary of a suspended officer at his post cease When salary when the person designated to temporarily j)erform his duties shall en- pension. ter thereon. 369. The suspension of a Diplomatic Officer may occur while he is Suspension while absent from his post on leave, in which case the suspension takes effect, when effective. and the right to receive salary while on leave, within the prescribed Transit of sus - 7 jr penoed o in ce r limit of Sixty days, ceases on the Officer being notified of his suspension, homeward. 370. A suspended officer will be allowed the prescribed time for transit in returning to the United States, during which he may receive compensation at the rate provided for the office from which he is sus- pended; but such transit allowance will not be made if the President's warrant of suspension state that the incumbent is suspended for mal- feasance in office. 371. If the Senate fail to confirm the appointment of a successor to Resumption o f an Officer suspended, and he be not again suspended, the salary to which pended°Offlcer." ^ this removal of the suspension entitles him will be held to recommence on the day of setting out for his post, and he will receive transit allow- ance for return thither in like manner as a new appointee ; but no in- struction period can be allowed him. 373. The recall of a Diplomatic Officer for malfeasance in office is Recall for malfea- effected during a session of the Senate, in like manner as a simple recall, ^^'°^^- by sending to that body the nomination of his successor. It becomes when effective. effective in like manner upon the arrival of his successor; unless, upon the confirmation of a successor by the Senate, the President shall direct the recalled Officer to quit his post forthwith, in which case his fight to compensation ceases on the receipt by him of the notification of recall- 373. An Officer is held to resign for malfeasance in office when spe. When held to re- ciflc charges are laid against him and he offers his resignation without f'f,",^ attempting to meet the charges, or after having responded to the charges unsatisfactorily. In like manner he is held to resign under charge of malfeasance if his resignation be tendered during the progress of an investigation duly ordered, or before such investigation shall have es. tablished his innocence of the charges, or after his guilt thereof shall have been established. 374. In the same way he is held to resign for malfeasance if he tender his resignation knowing that charges of malfeasance have been preferred against him, or an investigation of his conduct has been duly ordered, and with intent to escape or evade the consequences of such charges or investigation. for malfea- ward. 54 Compensation 275. An Officer resigning under charge of malfeasance or in antici- nation.'^'*'' ^''^'^" pation of recall therefor, loses the right to compensation from the date of his resignation. No transit al- 376. In either case, an Officer so recalled or resigning for any mal- lowed. , „. , feasance in office will not be allowed compensation for the time occa- Re\'i8ed Stat- " , tx • a oj. x ntes, sec. 1740. pied in the transit from his post to his residence in the United btates- Office not abol- 277. The failure of Congress to make appropriation for the support ished thereby. of ^ Diplomatic Officer is not held to be an abolition of the office itself. Although the right to receive the salary attached to the office ceases with the expiration of the term for which the previous appropriation Officermayserve was made, an Officer may, if he accepts the arrangement, be directed without pay. jjy t]jg President to remain at his post and discharge its duties, without any claim to compensation unless Congress shall at any time so pro- vide. Ko compensation in«lieu of salary can be made to a Diplomatic Officer under such circumstances from any other item of appropriation. Transit home- 378. An Officer quitting his post, under orders, on the failure of Congress to make provision for his offic e, and returning to his home in the United States, will be allowed compensation at the rate of the salary formerly attached to the office during his homeward transit, within the prescribed limits of the authorized schedule of transit time in section 11. Transfer to an- 379. If he be transferred by regular appointment to another post other post. f^j. ^iji^ii Congress has made provision, he will be allowed compensa- tion during transit to his new post at the rate of the salary attached to the latter, under the general provisions relating to transferred Officers. Official status of 380. The suspension of Diplomatic relations, although it implies nec'essarily "termi- *^® withdrawal of the Mission and the cessation of the Diplomatic nated. Agent's functions as to ward the Government to which he is accredited does not necessarily involve the termination of his office so far as his own Government is concerned. He may be deemed to retain his office, at the pleasure of the President. Each case to be 38 1. No fixed rule, however, can be laid down to meet the possible decided by Itself. . pj^^ses of the contingency; and the President consequently reserves the determination of the Diplomatic Agent's tenure of office in accord- ance with the circumstances of the case. Compensation 383. When a Diplomatic Agent dies while holding office his salary or compensation ceases on the day of his death. Allowance to 383. The statute provides that whenev^er a Diplomatic or Consular ^Revtsed Stat- ^^^^^ of t^® United States dies in a foreign country in the discharge utes, sec. 1749. of his duty, there shall be paid to his widow, or, if no widow survive him, then to his heirs-at-law, a sum of money equal to the allowance now made to such Officers for the time necessarily occupied in making the transit from ttie Officer's post of duty to his residence in the United States. Funeral expen 384. There is no authority of law for incurring expense for the United stl^e'^s!*''*' ^^Jieral obsequies of a Diplomatic Agent dying at his post, or for any compensation, reimbursetneat, or allowance whatever to his representa- tives except as provided in the preceding section ; unless Congress should make specific appropriation in the case. Ttie act of February 26, 1883 makes, however, provision for transporting the remains of Ministers and Consuls of the United States to their homes for interment, where such officers have died or may die abroad while in the discharge of their duties. 55 ^ Article XXIV.— Retirement from the mission and Return to the United. States. ass. In case a Diplomatic Officer is relieved, or his mission is ter- Unexpended bal- miuated before the end of the quarter for which he may have drawn ^^'^^^ *" ^^ tnrned on account of the amount allowed to his Legation for contingent ex- penses and rent, he will turn over any unexpended balance remaining in his hands to his successor or to the person left in charge of the Le- gation. In the event of the Mission itself being closed or suspended To whom turned for any cause during a current quarter, such amount should be returned °'"'^' to the Bankers in London if the Diplomatic Officer is authorized to draw upon them ; otherwise, to the Department of State. 3SO. A retiring Diplomatic Representative has no authority to in- Temporary stall a Consular Officer in charge of a Legation unless expressly au- "^ 5*0? c.°Reps!^43o! thorized by the President so to do ; nor can the Consular Officer receive the pay provided by law for a Charg6 d' Affaires unless he be especially accredited in that capacity. It is not unusual, however, for a Consular Officer to be temporarily charged with the custody of the archives and Revised statutes, property of a Legation. This circumstance does not invest him with ^®°' ^'^■^^• any diplomatic character or functions, and no allowance will be made to him except for the necessary expenses of such custody. 287. A Diplomatic Officer, on quitting his Mission, should carefully Farewell visits. conform to all the customary formalities. S88. The official duties of a retiring Diplomatic Agent, and also When official du- the regular salary to which he is entitled while at his post of duty, cease on the day of presentation of his letter of recall to the Chief of the State, or in the case of a commissioned Charg4 d' Affaires, to the Minister for Foreign Affairs. If for any reason he should not be able to present his letter of recall in formal audience of leave-taking, his duties and salary cease on his taking his departure from the seat of the Mission, unless sooner relieved by his successor. 389. The conditions of transit of a retiring Diplomatic Officer, from Transit. General his post to his home in the United States, are the same as prescribed eablef"'"'' *^^ ^' for the transit of an outgoing Officer, and the schedule of allotted time within which such transit maybe made with salary is the. same as hereinbefore given, with addition of the time required for the journey, Supplement to by the shortest and most direct mode of conveyance, from Washington vol. I, p. 35. ' to the Officer's residence in tjie United States. Salary for the period covered by the homeward transit of an Officer returning from his post Homeward trans- in good standing is not paid unless the journey be actually performed one'year? within a reasonable period after the close of his service abroad. 390. The account therefor is presented and adjusted in the United Homeward trans- States, and upon being audited and found correct is paid at the De- uuitid^State". ^ partment of State, thus closing the Officer's accounts connected with the Mission from which he retires. If any balance, on such final adjust- Final settlement ment, be found due from the retiring Officer to the Government of the °^ accounts. United States, it will be offset against the compensation due him for the time occupied by the homeward transit. S91. Diplomatic Agents returning home at the expiration of their Free entry of ef- service abroad have no special authority of law to introduce their per- ^l^^j^^f retuming sonal effects free of duty and without examination. It is customary, however, for the Secretary of the Treasury, on due application being made by the returning Officer, through the Secretary of State, to grant 56 the admission of the household effects and personal property in use by the Agent during his official residence abroad. In applying for such privilege, the Agent should state the name of the vessel in which his effects are to arrive. Free entry not It is not customary to ask or grant such privilege to Diplomatic turni'ng ol^eave!" Agents who merely come to the United States on transient leave. 57 APPENDICES. FORMS TO BE EMPLOYED IN THE TRANSACTION 01 TKE BUSINESS OF DIPLOMATIC AGENTS. FOEM No. 1. Form of oath of allegianee. I, , do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign ; and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State, Convention, or Legislature to the contrary notwithstanding ; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever ; and further, that I will well and faithfully perform all the duties which may he required of me by law : So help me God. Sworn to before me this — day of , 18 — . 15775 D A- 58 FORM NO. 2. [FijEit page of dispatch.] ., M^m/ei /^ /^=^. t.yu4,. ^mn ^oe ^o me ^ecie/ai^ o/ ^/a^e. tA: ^nc/cdma i(^/^ 0/ ^^em'di^ei ^i '^ieean ^S^^^th, d^a/ma ma^ caA/am emi mue ^ darn me 'fedde/, ma^ 4e 'u^ad Acd^e^a/^/ ieeeekieaC anama^ me nea/m ^mcei ti^ad no^ m /aee/^. „.y^i. '^oe mtn^dj ^mimei iht^ed/^aaidhn id i^emea neceddai'U^ c&unde/ dAou/c/ /e emmed e^ imai/ ma/ udun me omei Mae, e^en 'imeeA me eoneAe- dehnd £)/ me t^/Mme'd/i^ c/ me tyn/eieei aie jwunc/ea. t>^ i^ ad me wntmc/ e/ me Aea/m (Mieeid e'd aineeinee/j ^ deemd Aeam^ ^ie/a-a/e ma/ me O^mup aicde Aem a midunaei- d/an nc't //ik/ m^de// ^^(^^^'/ "^ ieM^ S «^ t/ Aa^e me mnoi S /e^ Mj lUcui c/e(/m^ ane/ on/^ on /Ae /oA/owma moin/na com'mencea /o m/eied/ A/m^^e// m do^ma /Ae dA/^ ana miao. 62 ^iom mid €^ (d ccttcmswe ma^ 'no y^em can m ^eena ^mm mg 4eau4 cMcei, meie /ema. no aiouna ^i an^Mma cnaiaea aaamdif mm /^ ^aA^aen '^mnd. €m €^s mc/odeeie, ie/a^ma ^o Me dd^ ''^ Wei'ite. '''' ty&^Uma ^o me dame, u ma^ dap Ma^ Me ciei^^ o/ Me ''' Wa'ne ''' 'i^eie de^ a^ mm^-u aJ'ei cemd/pma wf^A cei^tam ^i- ma^i^'ed a^ me Aea/m fiMce, wnue Me ca^/am i^^ad ae^aehtea, ana, ad Ae d/a/ed, aaamdif md i^eu. fJm'd ^o me id Me mod^ anac- eemn^ame t^a^Me o/^Me 'ie^no/e Meceecmta, 't6>iM ieaaia ^o le^AfM ty Aaiie mHea^o omam anp da/idme^wnj ^noaad c/ c?/ once aeAMeddea a eom,9nMneha^ibn ^o Me cri^c^ ana Me ^aA^am o/ Me cn^i^, amma a emai^a d^a^e'men^ e/ Me cade. tj mtemd^ana Ma^ Me caA^am c/ Me 'i^edde/ 4n&u^ noMma €)/ Me iiC'^ade c/Me cieu^ Aom Me /a^aie^^o an^ts a/i!ei Mep 'weie aonCj ^AicA w{^ Aiom/m accoan^ ^i Aid Aa'Zitna mi/ea ^o dena a meddaae /^ cne c/ Meii nam/ei ^o Me (oonda/ ci Me ^aA^ain o/ Me ^oi^. (^'^e c/ Me deamefij ad a^eacm di^a/ee/j d^oAe a ^W/e '^encA, ^/ at^a Ae /e/^. Me caA^atn, in Me adsence oy an m^eiMe/ei, ^o U'AicA Ae 'ii'ad en^iMea, 'U^ad ema^e ^o communi- cate 'ti^i^A an'U one. <^ am no^ duiAu'dea Ma^ Me d^a^emen^d ad ^o ^i'me aie dometiiAa/ 'liaauCj condi/eUna Me ciicamd/anced. WiM 4eaa4.eA. Aowe'i^. ^o Me /I'me 'U^Aen Me iBoA^aif^ o/ Me J^oi^ 64. aiiei^ee/ ai( lAe dcme g/ Me e/tdad/eij ^e Amt^e^ f'n/oimea me ma^ li uiad awu^ // o'c^m, Me e/e/a^ /ema occa^ibnea /^ me mc^ ma^ €^ 'U^a^i necedMiy i(o '^^^a^^ unm one o/ me if/earn -'^lead mou/a ae^ u/z d^eavn. ^ /eainAom Me ^aA^am c/ Me "Woi^ Ma/ Me m^i^ed/e- aa/ion o/ Me cade Aad men cone/eitMa ana a co^^ e/ me ytieceea- mad den/ /c Me fL-ynm^/ei o/ t.^aUne. tL/ a/do eenaeid/ana Ma/, wm/e i/ de'Z^eie^ eenduied Me conmec/ o/ me Aea/M ojm'ceij // a/do a//acned dome mame /o Me ca^/aih o/ Me i^edde/, on Me aioana Ma/ ne aec/mea /4e deim'ced o/ dome /foa/men 'umo oj^eiea /o mo'i^e md i^eddec ^i /ne dam o/ /mee Aoanad d/eiuha. ^y ma^ d/a/e on /e4a^ o/ /ne caA/am /na/ /A/d wad ■mi^4e Ae iea/ikea /4a/ ntd 'i^dde/ 'li'ad /n aanaei, anaiim/Ze Ae '^oad ii^at/tna /hi a AeA?/ ana /aawa/. ^Ae aaen/ o/ /Ae tndaiance co^nAan/ed /n/o4mea me /Aa/ Ae Aad ieAo'i/ea /Ae cade /o /Ae anaeiii^U/eid ana ie/eHea Me^n /o ^n^ ojMic/a/ it^oi/ /o /Ae fLTecie/ai'U o/ ^a/e, /u/ /Aa/ eeA /o /Ae Aieden/ //me Ae Aad 4ece/i^ea no /nd/iac//ond ad /o 'li'Aa/ cou4de Ae /d /o Ateidue. c/ Aa'^^e Me Aonoi /o iema/Uj d/i, ^c^oai o/ea/en/ ddi^an/, %/Ae ^^^^, jfJi^ ^oe, g? ^ an^^. ^ / ^. c^, a/ I, tify that the signature of 65 Form No. 4. Form for authenticaUon of signatures. United States Lbgation, , 188-. •, Secretary of Legation of the United States at , do hereby cer- -, at the foot of the paper hereto annexed, is his true and genuine signature, made and aeknowledged in my presence, and that the said is personally known to me. In -witness whereof I have hereunto set my hand and affixed the seal of the Legation at ) tils day and year next above written, and of the Independence of the United States the . [seal.] U. S. Seereiary of Legation. Form No. 6. Exchange vouchei: ■9^ Date of draft. 1 11 1 § On whom drawn and on what account. fH ^ M H] Jnly 1,1879 $1, 875 00 A377. 11. 7 .02 $37 50 Secretary of Treasnry, % salary. Lisbon, Julp 1, 1879. We jointly certify that the above-described draft. was sold and purchased at the rate given in the above abstract. , U. S. Minister. , Bankers. Form No. 7. Form of a Minister's account for compensation while recmving instructions. ■Government of the United States, To , Minister of the United States at ■ For compensation for the period, namely, Dr. — days, from ■ -, actually and necessarily occupied in receiving instructions . to U. S. Minister. To Hon. Secretary of State. Form No. 8. A'joountfor compensation while m,aking the transit to post of duty. Government of the United States, To , Minister of the United States at , For compensation for the period, namely, days, from to , actually and necessarily occupiedin making the transit between my place of residence at and my post of duty , as per Certificate hereunto annexed Cr. By my draft on "j_" 15779 D A 9 $ D-*. U. S. Minister. 66 Form No. 9. Usnal Form of Draft. Legation of the United States of America at 188—. Fifteen days after sight (acceptance waived) of this my flrs't of exchange (second and third of the same tenor and date nnpaid), pay , or order, tto dollars, on account of , for the quarter ending , as per advice. Hon. Secretary of • -, Washington. -, XJ. S. Minister. Form No. 13. Second Form of Draft. of the United Stateb, , 188—. Fifteen days after sight of this first of exchange (acceptance waived, and indorse- ments by procuration excepted), second and third unpaid, pay to the order of , dollars, and charge the same to my account for . , V. S. Minister. To the Hon. Secretary of ■ 'on, D. C. Form No. 14. Abstract of the names and description of persons to whom passports have been issued or visaed at the of the United States at , from to — , inclusive. So. "When iasned. To whom issued. whom issaed. Form of passport. Description. |i 1-1 r U. S. Consul. KOTB.— This return to be made June 30 and December 81 of each year to the Department of State. . If the individual is a native citizen of the United States, the abstract should give his place of birtii ; if naturalized, the date of naturalization ; the place where and the name of the court by which a cer- tifloate of naturalization was panted should be stated. When husband, wife, and minor children expect to travel together, a single passport for the whole will suffice. For any other person in the party a separate passport will be required. 67 Form No, 15. Passport hook. i ■g-S ii A ^ 1 i ■i 1 s P4ai V 1 'A P* ^ 1-1 p^ A< S ?< n K M ■4-ge, Statnre, Forehead, S; Mouth, Chin, Hair, Complexion. I IS" D E X . A. Absence : ^'''*''"'- Leaves of, and appointments in certain countries I4g Not cumulative '.'..'.'.'.'.'..'.'.'. 185 Compensation while on leave '..'.'.'. I8(i Are of two kinds _'_[[ Igg Character of leave desired must be dis- tinctly expressed in application for . . . 186 Computation of period of 186 With regard to transit time .' . " 186 Limitation of absences 186 Ministers not required to reside continu- ously at their posts 188 Legation, however, must be kept open „ Stationery, how obtained, 206 Fnrnitiire, character of, allowed 207 Newspapers, how many allowed 208 Telegrams not I'egarded as part of con- tingent expenses 209 A i ^ . Section. Accounts— Continued. Account of telegrams must be kept and sent to Department once a month . . 209 Charges for traveling expenses, &c.,.not allowed, unless authorized by Depart- ment 210 Repairs of seal and furniture, moving le- gation offices, &o., are proper charges . 210 Allowance for superadded offices. ; 211 Does not apply to secretaries of legation acting ex officio as charges ad interim. .. 212 When compensation for two offices is al- lowed 213 When offices of secretary and interpreter are disti uct, and one officer performs the duties of both 214 . In either case instructions from Depart- ment must be awaited before drawing for compensation 215 Compensation of consular officer when performing diplomatic duties 216 Diplomatic officer not entitled to compen- sation, i f recal led for malfeasance, or re- signs in anticipa ion of such recall, be- yond date of resignation 217,272,273,274, V75,276 Limitation of transit allowance to trans- ferred officers 218 Transit, allowance, how computed 219 Transit allowance to the Unite=.- »ft" fi>^'' ^' ^ *:5« ,^^ -r* ^ ^*^S K ^