are paid. In certain cases it is the duty of the Consular Officer to order a survey, whether with the consent of the master or not. treaty. 334..In countries with which the United States have Jurisdiction by treaties providing for the jurisdiction of a Consular Officer over wrecks, damages to cargoes, and salvage, it is his duty to exercise that jurisdiction for the protection of the interests of all concerned. Consular Officers should satisfy themselves of the extent of the authority granted by the treaty or acquired by established usage in these respects in their several countries, and should conform their proceedings thereto. It belongs to the master, as the representative of the owners of the vessel and cargo-except where otherwise provided by law-to decide whether he will call for a survey, and in the absence of a request from him a Consular Officer is usually not anthorized to direct a survey to be made. If, however, the master neglects or refuses to apply for services which it is the duty of the Consular Officer by law or usage to perform, and obtains the services through other agents, he should be advised of the provisions of law respecting such neglect or refusal and of his liability for the payment of the Consular fees. 335.. By a royal decree of July 28, 1868, Consular Officers in the Spanish West Indies are authorized to direct all the operations of salvage in the cases of vessels of their nationality wrecked in their several jurisdictions, as representatives of the owners. The local customs officers are required to give all necessary assistance in saving the ship and cargo, and measures are to be taken between the two classes of officers for the custody and sale of the wreck and cargo and the collection of duties. In Spanish West Indies. 336.. Treaties affecting proceedings concerning wrecks Treaties. have been made with Austria-Hungary, Belgium, Bolivia, Borneo, China, New Granada, Dominican Republic, Ecuador, France, Germany, Greece, Guatemala, Hawaiian Islands, Hayti, Honduras, Italy, Japan, Lew Chew, Liberia, Madagascar, Mexico, Morocco, Muscat, Netherlands, Ottoman Porte, Paraguay, Peru, Salvador, Siam, Spain, Sweden and Norway, Tripoli, Tunis, and Venezuela. Provisions to be consulted. Property in such vessels. Treasury Regula tions. Rights, how protected. 337..Consular Officers will be careful to consult the text of these treaties in all cases in which they may have occasion to act under them. If the assistance stipulated for is refused in any case, or the treaty provisions are ignored in any respect, they will at once advise the Diplomatic Representative of the United States, if there be one in the country, and the Department of State. ARTICLE XX. Duties of Consular Officers in Respect of American or 338..The right of American citizens to acquire property in foreign ships has been held to be a natural right, independent of statutory law, and such property is no more nor less entitled to protection by the United States than any other property of an American citizen. 339..The existing General Regulations of the Treasury Department under the Customs and Navigation Laws (Customs Regulations, 1874) recognize the right of property in vessels of this character, and declare them to be entitled to the protection of the authorities and to the flag of the United States, although no register, enrollment, license, or other marine document prescribed by the laws of the United States can lawfully be issued to such vessels whether they are American or foreign built. The former practice of issuing sea-letters in the case of the purchase abroad of American or foreign vessels by citizens of the United States is no longer authorized, and will not be permitted. 340..To enable, however, the owners of a vessel so situated to protect their rights, if molested or questioned, a Consular Officer, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its execution, and deliver to the purchaser a certificate to that effect: certifying, also, that the owner is a citizen of the United States. Before granting such certificate, the Consular Officer will require the tonnage of the vessel to be duly ascertained in pursuance of law, and insert the same in the description of the vessel in his certificate. (See Form No. 35.) These facts thus authenticated, if the transfer is in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States; and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith. sibility. 341..The authority of a Consular Officer to authenticate Consular responthe transfer of a foreign vessel is wide in its effects, and imposes great responsibility in making him, in the first instance at least, the sole judge of the good faith of the transaction. The question of the honesty and good faith of such a sale rises into the gravest importance in the event of a war between two or more powers, in which the Government of the United States is a neutral. In such a war experience justifies the expectation that the citizens or subjects of one or more of the belligerents will seek to protect their shipping by a transfer to a neutral flag. In some instances this may honestly be done; but the sales of the vessels of belligerents in apprehension of or in time of war are always and properly liable to suspicion, and they justify the strictest inquiry on the part of the belligerent who may thereby have been defrauded of his right to capture the enemy's property. The acceptance of the pretended ownership of a vessel under these circumstances may be very profitable, and the temptation to abuse his trust in such a case, to which a Consular Officer is subjected, may be too great for persons of ordinary integrity, discernment, and firmness to withstand. Instances are not wanting in which citizens of the United States who were wholly incapable, from their previous well-known condition and pursuits, of making such a purchase, have appeared as owners under sales of this character and have sought for them the protection of the Government. 342.. It is, accordingly, the duty of a Consular Officer to use all available means, especially during the existence of a war to which this Government is not a party, to satisfy himself that the sale of the vessel is made in good faith and without a fraudulent intent. A considerable discretion and responsibility rest upon him in the determination of the good faith of such transactions. It is not to be concluded that all such sales, even in time of peace, are honest and Careful investigation enjoined. Certificate when to be issued. Right to fly the flag. Disabilities of such vessels. free from collusion or fraud. It is the duty of the Consular Officer to notice all circumstances that throw doubt on the good faith of the transaction, or point to its fictitious character, and, if he is satisfied in this respect, to refuse to grant his certificate. On the other hand, he is not permitted to regard the mere fact of the sale of a vessel to an American citizen as any evidence of fraud. The presumption must be otherwise; and in the absence of any indication of dishonesty, a sale in the regular way, with the usual business formalities, is to be regarded as made in good faith. 343.. When, however, the Consular Officer shall have satisfied himself, after the investigation with which he is charged, that the sale of the vessel is not fictitious, and is made in good faith, and that the purchaser is a citizen of the United States, it is his duty, when requested, to record the bill of sale in the Consulate, and to deliver the original to the purchaser, with his certificate annexed thereto, according to Form No. 35. A copy of the bill of sale, together with any other papers belonging to the transfer, and of the Consular certificate, should be sent without delay to the Department of State, with a report of the facts and circumstance of the transaction. 344. The privilege of carrying the flag of the United States is under the regulation of Congress, and it may have been the intention of that body that it should be used only by regularly-documented vessels. No such intention, however, is found in any statute. And as a citizen is not prohibited from purchasing and employing abroad a foreign ship, it is regarded as reasonable and proper that he should be permitted to fly the flag of his country as an indication of ownership, and for the due protection of his property. The practice of carrying the flag by such vessels is now established. The right to do so will not be questioned, and it is probable that it would be respected by the courts. 345.. It should be understood, however, that such foreignbuilt vessels not registered, enrolled, or licensed under the laws of the United States, although wholly owned by citizens thereof, cannot legally import goods, wares, or merchandise from foreign ports, and are subjected in the coasting trade to disabilities and exactions from which documented vessels of the United States are exempt. tonnage duties. 346 .On arrival from a foreign port, such undocumented Forfeiture and foreign-built vessels, if laden with goods, wares, or merchandise, will, with their cargoes, be subjected to forfeiture. If in ballast only, or with passengers without cargo, they will be subject to a heavy tonnage duty. When in foreign ports they are also subject to tonnage and other Consular fees to the same extent as regularly-documented vessels. For instructions respecting the shipment and discharge and relief of seamen on vessels of this character, and the collection of extra wages, Consular Officers are referred to the several Articles on these subjects. ARTICLE XXI. Duties as to American Vessels Engaged in the Transpor. tation of Chinese and other Emigrants. Transportation of 347.. It is made illegal by statute for citizens of the United Coolies prohibited. States to participate with their vessels in the transportation of coolies, and the provisions of two obsolete acts were revived, and were made to apply to vessels of the United States engaged in the transportation of passengers from one port without the United States to another port without the United States. Consuls will at once report all violations of these statutes coming to their notice. It is understood that British courts at Hong-Kong have held that the traffic in coolies is the slave-trade in another form, and therefore piracy. The courts of the United States probably could not find justification in the statutes for adding it to the list of acts punishable as piracy; but the statute warrants this Department in urging upon Consuls to endeavor in every way to prevent it, not only by proceeding against every American citizen engaged in it, but by using their influence in every possible manner to prevent it. 348.. The statute is not intended to apply to the free and voluntary emigration of Chinese subjects. Emigration to be voluntary. 349..It is made the duty of the Consular Officer of the Consuls' duties. United States residing at the port from which a vessel with such voluntary emigrants takes her departure to give to the |