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the principal or under exceptional circumstances; they make no returns or reports directly to the Department, and they are not permitted to render accounts or make any drafts for expenditures on the Departments of the Government unless under express instructions.
21. Acting consular agents. In all cases where it is practicable, consular agents should be citizens of the United States, and none other should be recommended for appointment, unless citizens of proper character and standing can not be found. No consular agent has authority to appoint a subagent. In case of emergency, or in the absence of the consular agent on leave, the principal consular officer may designate, with the approval of the Department of State, a suitable person to perform the duties, under the title of consular
Consular officers should, at the time the change is made, report to the Department the names of the persons whom they may designate as substitute consular agents during the temporary absence of the latter from their posts, and accompany the report with the signatures of the substitutes and an impression of the official seal of the agency.
22. Entry upon duty.—Consular agents are subject, like other consular officers, to the provisions of law and the instructions of the Department of State. As soon as a consular agent has entered upon his duties, a specimen of his signature and an impression of his official seal should be sent to the Department.
23. President appoints.--The President is authorized to appoint consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States and over 18 years of age at the time of their appointment. They can not be removed from office except for cause, stated in writing, which shall be submitted to Congress at the session first following such removal. They may be assigned, from time to time, to such consulates and with such duties as the Secretary of State may direct. When so assigned, they are subordinate to the principal consular officer at the post. They will perform such clerical or other duties of the consulate as he may designate, and carefully observe and obey his instructions in all respects.—R. S., secs. 1704, 1705. (Paragraphs 511, 512.)
24. Examination for appointment.—No person will be appointed a consular clerk until it shall be satisfactorily shown to the Secretary of State, after due examination and report by an examining board, that the applicant is qualified and fit for the duties of the office.-R. S., sec. 1705. If the applicant is in a foreign country, the Secretary of State may permit him to be examined by a series of written questions by the minister of the United States in that country and two other competent persons to be named by him. The result of the examination, with the answers of the candidate in his own handwriting, will then be transmitted to the Secretary of State.
INTERPRETERS. 25. Interpreters are stationed only at certain consulates in China, Japan, Korea, the Turkish dominions, and Zanzibar. The sums appropriated for this service are expended under the direction of the Secretary of State. For obvious reasons the selection of persons for these appointments is usually made from residents of the particular country whose acquaintance with the language and customs may have qualified them for the office. Their nomination is generally intrusted to the consul.-R. S., sec. 1692; 18 Stat. L., 66; 29 Stat. L., 27.
26. The President is authorized by law to appoint marshals for certain consular courts. He sometimes intrusts their nomination to the consuls; but, as in the case of other subordinate officers, the right is reserved to make such appointments without previous nomination.-R. S., sec. 4111.
CLERKS AT CONSULATES.
27. Appropriation for clerk hire.- A specific appropriation is usually made by Congress annually for clerk hire at certain of the larger consulates. A general allowance is also made for clerk hire, to be expended under the direction of the Secretary of State, at consulates not specifically provided for; but no greater portion of this allowance than $500 will be allowed to any one consulate in any one fiscal year, nor will any allowance ever be made except for money actually expended by the consul for such purpose. The allowance is limited to the fiscal year for which it is made. The name, age, nationality, and qualifications of each clerk will be reported to the Department of State, together with the proposed amount of compensation; and no clerk will be employed without special instruction from the Department authorizing it.
28. Citizens preferred.-American citizens should be employed as clerks in the several consulates whenever it is practicable to do so. The presence of clerks of foreign nationality has, in some instances, led to much inconvenience and abuse. Apart from the propriety of employing those who owe allegiance to this Government, it is believed that many young men of worth and ability, both at home and abroad, who desire to acquire a knowledge of the continental languages of Europe-a knowledge which in after years might be valuable to the Government and peoplewould make equally efficient and more trustworthy assistants. Preference should be given to them in every case where such persons can be found. The Department of State reserves the right to fill such clerkships by appointments directly from this country, or from citizens of the United States abroad whenever it shall be deemed proper.
29. Members of consul's family as clerks.—The employment of members of a consul's family will be permitted only in exceptional cases where the expediency of such employment and the qualifications of the proposed employee are clearly shown.
LIMITS OF CONSULAR DISTRICTS.
30. The statute authorizes the President to define the extent of country to be embraced within any consulate or commercial agency.-R. S., sec. 1695. The consular commission usually describes these limits as including all places nearer to the official residence of a consul than to the residence of any other consul within the same allegiance. This is to be regarded as the rule by which the limits of the respective districts are to be determined in the absence of instructions specifically defining the consular district. In no case, however, is a consular officer authorized to take jurisdiction of consular business outside of the state from the government of which he receives his exequatur. The Department of State may, however, in its discretion, assign a consular agency to a consulate without regard to nearness of geographical situation. The limits of a consular agency are always within the district of the consulate to which it is attached, unless the Department shall determine otherwise.
APPOINTMENT AND QUALIFICATION.
PRINCIPAL CONSULAR OFFICERS.
31. Consuls-general and consuls are appointed by the President, by and with the advice and consent of the Senate.-Constitution, Art. II, sec. 2. Commercial agents are appointed directly by the President. All principal consular officers qualify by taking the prescribed oath (a copy of which is furnished by the Department of State for the purpose), and by executing a bond to the United States in the form prescribed by the Department.
32. Examination for appointment.—Any vacancy in a consulate or commercial agency now or hereafter existing the salary of which is not more than $2,500, nor less than $1,000, or the compensation of which, if derived from official fees, exclusive of notarial and other unofficial receipts, does not exceed $2,500, nor fall below $1,000, shall be filled (a) by a transfer or promotion from some other position under the Department of State of a character tending to qualify the incumbent for the position to be filled; or (b) by appointment of a person not under the Department of State but having previously served thereunder to its satisfaction in a capacity tending to qualify him for the position to be filled; or (c) by the appointment of a person who, having furnished the customary evidence of character, responsibility, and capacity, and being thereupon selected by the President for examination, is found upon such examination to be qualified for the position.
For the purposes of this paragraph notarial and unofficial fees shall not be regarded; but the compensation of a consulate or commercial agency shall be ascertained, if the office is salaried, by reference to the last preceding appropriation act, and, if the office is not salaried, by reference to the returns of official fees for the last preceding fiscal year.
The examination herein before provided for shall be by a board of three persons designated by the Secretary of State, who shall also prescribe the subjects to which such examination shall relate and the general mode of conducting the same by the board.
A vacancy in a consulate will be filled at discretion only