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EXTRADITION OF FUGITIVE CRIMINALS.
92. Provision has been secured in the treaties with certain countries under which the requisitions for the surrender of fugitives from justice may be made by consular officers in the absence of a diplomatic representative. In such cases the requisition is made by the superior consular officer. Treaties of this character have been concluded with Belgium, Colombia, Dominican Republic, Ecuador, Italy, Japan, Netherlands, Nicaragua, Norway, Orange Free State, Ottoman Empire, Russia, Salvador, Siam, Spain, Sweden, and Swiss Confederation.
The treaties with Austria-Hungary, Baden, Bavaria, Hanover, and Prussia provide that requisitions for the surrender may be made through “the ministers, officers, or authorities" of the demanding government. The treaty with Great Britain stipulates that requisitions shall be made by “the ministers or officers authorized to make the same," and in the treaty with Hawaii “the authorities" may make requisition.
The officers or authorities” who may make requisition under these treaties are such executive agents or officers of the demanding government as may be entitled to recognition for that purpose at the department of foreign affairs of the government applied to. The latter government may, in its discretion, recognize a consular officer or whom it will as agent ad hoc to make the requisition.—8 Op. Att. Gen., 240. (Paragraphs 423-425.)
93. By treaties with those countries, consuls have judicial power in civil or criminal cases, or both, in Borneo, China, Japan, Korea, Madagascar, Maskat, Morocco, Persia, Samoan
By treaty of November 2, 1894, between the United States and Japan (Articles XVIII and XIX), the judicial powers of consuls of the United States in Japan will cease July 17, 1899.
Islands, Siam, Tripoli, Tunis, and Turkey. For the extent and character of that jurisdiction, see the treaties and also Article XXX of these Regulations.
SUPERVISORY POWERS OF CONSULS-GENERAL.
94. To exercise supervisory powers.—Consuls-general having supervisory powers (paragraph 7) are the immediate official superiors of the consuls within their respective jurisdictions, and will exercise over them, to the extent herein provided, the supervisory powers which in other cases are vested in the diplomatic representative of the United States.
Consuls-general are expected, as far as possible, to see that the consular officers subordinate to them obey the Regulations and carry out the instructions given them; and from time to time they will make reports or recommendations tending to the improvement of the service in their districts.
95. In Austria-Hungary, China, France, Germany, Great Britain and Ireland, Italy, Japan, Mexico (within jurisdiction of Nuevo Laredo), Russia, Turkey, and Cuba consuls and commercial agents will transmit their correspondence and reports to the Department of State, under open cover, through their respective consuls-general. Accounts and correspondence relative thereto should be sent by the consular officer directly to the Department or to the Auditor for the State and other Departments, as the case may be.
96. Brazil, Australasian colonies, and Cuba.—The consuls at Rio Grande do Sul and Santos will transmit their correspondence and reports to the Department of State, under open cover, through the consul-general at Rio de Janeiro; and the other consuls in Brazil will send copies of such of their dispatches as are of special interest or importance to the same officer. The consuls in Australia, Tasmania, and New Zealand will send their correspondence and reports directly to the Department, and will send copies of all dispatches of importance to the consul-general at Melbourne.
In Cuba the correspondence with the Spanish officials at Habana will be conducted through the medium of the consulate-general.
LEAVES OF ABSENCE AND NOMINATION OF SUBSTITUTE AND
97. Through consul-general.—Requests for leave of absence and the nomination of substitute and subordinate officers by consuls and commercial agents in the Australasian colonies, Austria-Hungary, Brazil, the Dominion of Canada (except British Columbia and Manitoba), China, Cuba, France (except the colonies, but including Algiers), Germany, Great Britain and Ireland (except the colonies not herein mentioned), Greece, Haiti, Italy, Japan, Mexico (but including only those within the jurisdiction of the consul-general at Nuevo Laredo), Roumania, Russia, Spain, and Turkey must be transmitted through the proper consul-general and receive his written approval.
98. Direct to Department.-Principal consular officers not included within the provisions of the preceding paragraph nor within the provisions of paragraph 105 will transmit requests for leave of absence and nomination directly to the Department of State.
99. Requests, how addressed. In all cases requests for leave of absence and for the appointment of subordinate officers, whether submitted to a diplomatic representative or a consul-general, or sent directly to the Department of State, should be addressed to the Assistant Secretary of State, in accordance with paragraph 129. Both delay and inconvenience are caused by addressing them to the superior officer in the country of official residence.
100. Temporary appointments. For the authority of consulsgeneral to make temporary appointments where a vacancy occurs in the offices both of consul and vice-consul at a consulate within their jurisdiction, see paragraph 107.
SUPERVISORY POWERS OF DIPLOMATIC REPRESENTA
101. Supervisory powers.—Diplomatic representatives in countries where there is no consul-general with supervisory powers will continue, as heretofore, to exercise a general supervision of the consular officers within their respective jurisdictions. And, generally, these representatives will maintain such correspondence with consular officers in the countries to which they are accredited as they may deem conducive to the public interest. It will be the duty of consular officers to endeavor in all cases to comply with their requests and wishes.
102. Where a consul-general.-In countries where there is a consul-general with supervisory powers the several consuls subordinate to them, respectively, will not correspond officially with the diplomatic representatives of the United States in those countries, unless in reply to communications or inquiries from them, but will make all their representations through their respective consulates-general.
103. Over consuls-general.—Diplomatic representatives have the same general supervision over consuls-general which they have over consuls in countries where there is no consulgeneral. The consul-general in Cuba is, however, directly responsible to the Department of State.
104. China.–Owing to the remoteness of Peking from the consular ports, every consul in China will send to the diplomatic representative on the first of every month a brief topical summary, giving a list of all official communications made by him during the month preceding to the consul-general, the Department of State, the local Chinese authorities, to consular agents, or to others to whom he may have occasion to write in the course of business, and of all communications received. The consul-general will also in the same way keep the minister fully informed as to the business of the consulate-general, and consular agents will make similar reports to the consul in whose jurisdiction they act. Any event of political importance, whether American interests are directly involved or not, should be immediately reported to the legation.
105. Leaves of absence and nominations.—Requests for leave of absence or for the appointment of substitute or subordinate officers from principal officers in the Argentine Republic, Belgium, Bolivia, Chile, Costa Rica, Denmark (except the colonies), Guatemala, Hawaiian Islands, Honduras, Netherlands (except the colonies), Nicaragua, Peru, Portugal and dependencies, Roumania, Salvador, Sweden and Norway, Switzerland, Uruguay, and Venezuela must be accompanied by the written approval of the diplomatic representative of the United States resident in the country. (Paragraphs 97, 98.)
106. In other countries. In countries not included in the foregoing nor in paragraph 97 similar requests should be addressed directly to the Department of State. In Colombia, Liberia, and Mexico (except such as are within the jurisdiction of the consul-general at Nuevo Laredo), on the receipt of notice of the granting of a leave of absence, the consular officer will promptly inform the diplomatic representative of the contemplated date of departure and of the name of the subordinate left in charge of the office.
107. Diplomatic representative may appoint. In case a vacancy occurs in the offices both of consul and vice-consul, or in case of the absence from the country of both of these officers, or