EXTRADITION OF FUGITIVE CRIMINALS. 419.. Consuls are sometimes charged with the duty of making requisitions for the extradition of fugitives from justice, and provision has been made in the treaties with several governments for his authority in this respect. That authority, however, is confined in most of the treaties to superior or principal Consular Officers, and is operative only during the absence of a Diplomatic Representative, and in those countries in which the United States have no such representative. The statute also has provided for the Consular certification of copies of depositions, warrants, and other papers of extradition, and for their receipt as evidence on a hearing of the case in the United States. The words "superior or principal Consular Officer," as found in the treaties and statute, are held to mean a Consul-General, if there be one in the country, or, in his absence, a principal Consular Officer as distinguished from a subordinate officer. Applications for extradition are made, as a rule, by the Diplomatic 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. In the absence of such instructions, a Consul is not authorized to take any part in the arrest and detention of a criminal. TAXES. Extradition of fugitive criminals. R. S., sec. 5271. 420..Consuls are requested to inform the Department of Taxes. State whether, in the countries in which they respectively reside, they are required to pay taxes of any description; and, if so, the rate and amount of such taxes. If in any country or city they are exempted from taxation, through courtesy, by law, or local regulation, they will communicate the fact, with a copy of the law or regulation, if such exist. They should remember, however, that in the absence of treaty stipulation, they have no right to demand exemption from local taxation. Such exemption is often conceded as a matter of courtesy or comity, especially from a personal tax; but it is more rarely that exemption is granted from payment of duties on their furniture, baggage, or other personal effects. 421.. They will also state whether any distinction is made in respect of taxation between Consuls who are permitted to trade or engage in business, and those who are prohibited from so doing. They should also be careful to inform the Department whether they are required to pay duties or other public charges upon supplies of stationery, flags, furniture, and other articles sent to them for official use. It is customary for this Government to admit free of duties and charges at its custom-houses all articles for the official use of the Consular Officers of foreign states, when similar privileges are granted to its officers. If these privileges are refused in any instance, the refusal should be reported to the Department of State for such proceedings as may be deemed proper. Recommendations for office. RECOMMENDATIONS FOR OFFICE. 422..Consular Officers are forbidden to recommend any R. S., sec. 1751. person for office under the Government of the United States, except for the subordinate positions in their several Consulates. They are prohibited by statute, without the consent of the Secretary of State previously obtained, from recommending any person, at home or abroad, for any employment of trust or profit under the government of the country in which they are located. Public speeches. PUBLIC SPEECHES. 423.. Consular Officers are not allowed to allude in public speeches to any matters in dispute between the United States and any other government, nor to any matters pending in the Consulate. It is a still better rule to avoid public speeches when it can be done without exciting feeling in the community in which the officer resides. They will be particularly careful to refrain from unfavorable comment or criticism upon the institutions or acts of the government to which they are accredited; and it is deemed unadvisable for them to make any address abroad which is likely to be published in any other country than that where they officially reside. CORRESPONDENCE WITH THE PRESS. Correspondence with the press. 424..The statute prohibits a Consular Officer from corresponding in regard to the public affairs of any foreign R Sec. 1751. government with any private person, newspaper, or other periodical, or otherwise than with the proper officers of the United States. It is held, however, that this prohibition does not extend to literary articles or subjects not connected with politics. PERMISSION TO TRADE. 425..Consular Officers whose salaries exceed $1,000 a year are prohibited from engaging in business within their several districts. Those whose salaries are at that rate or less are allowed to trade. The additional prohibition provided for in the statute has been imposed only in rare instances. Those Officers whose compensation consists of the fees they receive for official services are also permitted to trade; and no restriction in this respect is placed upon Vice or Deputy Consular Officers, or Consular Agents. It has, however, been held to be unadvisable that Interpreters and Marshals of Consular courts and Consular Clerks receiving a salary should be allowed the privilege of trading, although exceptions have sometimes been made for good cause shown to the Department of State. OFFICIAL CORRESPONDENCE AND BEARING ABROAD. Corre spondence, &c. 426..Consular Officers ordinarily have no diplomatic po- Official sition, and must not assume such unless specially instructed by the Department, or unless they are regularly presented in that capacity by a Diplomatic Representative of the United States on his leaving his post. They, therefore, cannot ordinarily correspond directly with the government of the country in which they reside. 427.. In the absence, however, of a Diplomatic Representative, cases may arise in which a Consul may be required to correspond directly with the government. All such correspondence as well as all correspondence with the local authorities, and with their colleagues, should be conducted in a courteous and dignified manner. Precedence and rank. Precedence, how determined. 428.. They will endeavor to cultivate friendly social relations with the community in which they reside. 429.. They will refrain from expressing harsh or disagreeable opinions upon the local political or other questions which divide the community within their jurisdiction. They are forbidden to participate in any manner in the political concerns of the country. In their despatches upon such subjects they will confine themselves to the communication of important or interesting public events, as they occur, avoiding all unnecessary reflections upon the character or conduct of individuals or governments; and they will not give publicity, through the press or otherwise, to opinions injurious to the public institutions of the country, or the persons concerned in their administration. 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 may affect the interests and well-being of their own country. PRECEDENCE OF CONSULAR OFFICERS. 430..The order of official precedence in the service is as follows: 1. Agents and Consul-General; 2. Consuls-General; 3. Consuls; 4. Commercial Agents; 5. Vice-Consular Officers; 6. Deputy Consular Officers; 7. Consular Clerks; 8. Consular Agents. 431..Agents and Consuls-General rank with commodores in the Navy, or brigadier-generals in the Army. ConsulsGeneral also have the same rank. 432..Consuls and Commercial Agents rank with captains in the Navy, or colonels in the Army. 433.. Vice-Consular Officers, Deputy Consular Officers, Consular Clerks, and Consular Agents rank with lieutenants in the Navy, or captains in the Army. 434.. Consular Officers are entitled to enjoy the rank and precedence above stated. This precedence will be determined, among officers of the same rank, by the date of commission. NEW INVENTIONS, DISCOVERIES, ETC. coveries, &c. 435.. If a Consul sees new inventions or improvements in Inventions, machinery, which he thinks may be used, or new seeds or plants, which he thinks may be propagated with advantage in the United States, he will give the Department such information about them as may be within his reach. And in case of seeds or plants, he will, as opportunity offers to do so without cost, send specimens to the Department of Agriculture. 436.. He will communicate any useful and interesting information relating to agriculture, manufactures, population, and public works. In all that relates to scientific discoveries, to progress in the useful arts, and to general statistics in foreign countries, Consular Officers are expected to communicate freely and frequently with the Department, and to note all events occurring within their consular districts which affect beneficially or otherwise the navigation and commerce of the United States; the establishment of new branches of industry; the increase or decline of those before established; and communicate all the information which they may be enabled to obtain calculated to benefit our commerce and other interests, and the best means of removing any impediments that may have retarded their advance ment. 437.. Persons in foreign countries desiring to submit inventions of any kind to the consideration or examination of the Government of the United States, must address in writing the "Secretary of the Interior (Patent-Office), Washington, United States of America." They must give a description of the invention, and must state whether or not they expect, or intend to ask, any compensation whatsoever. No expense incurred in connection with the invention, or its presentation, will be considered as giving any claim whatever to compensation, or to indemnification. The Government of the United States will assume no responsibility whatever, whether for loss of time, for services, for expenses of any kind, for loss or injury to any models, drawings, or other things, or for any cause whatsoever in connection with the invention or its presentation, unless the same may have dis Agriculture, manufactures, &c. Patents. |