Classes of Consular Officers.

DEPUTY CONSULS AND CONSULAR AGENTS.

11.. Deputy Consuls are defined by the same statute to be Consular Officers, subordinate to their principals, exercising the powers and performing the duties within the limits of their Consulates at the same ports or places at which such principals are located. Consular Agents are defined by the same statute to be Consular Officers, subordinate to their principals, exercising their powers and performing their duties within the limits of the Consulate at ports or places different from those at which such principals are located. Limits of Consular districts and of Agencies will remain as heretofore established in the different Consulates.

COMMERCIAL AGENTS.

12..Commercial Agents are full, principal, and permanent Consular Officers as distinguished from subordinates or substitutes. These officers are peculiar to the service of the United States, and are not regarded by other powers as entitled to the rank or privileges of Consuls. They are appointed by the President, and may enter upon the duties of their office without an exequatur.

LIMITATION OF POWERS OF SUBORDINATE CONSULAR OFFICERS.

13..The functions of Vice-Consuls General, Vice-Consuls, Deputy Consuls General, Deputy Consuls, Vice-Commercial Agents, and Consular Agents will respectively cease and determine at the expiration of ninety days from the day upon which the successor to the Consular Officer under whom they were respectively appointed enters upon the duties of his office, except as follows: If the new Consular Officer shall, within the said term of ninety days, renominate the old incumbent, such renomination shall operate to continue the term of the office, without further commission or certificate until the pleasure of the Department can be known; or if the said Consular Officer shall, within the said term of ninety days, nominate another person in his place, such nomination shall operate to relieve the incumbent from office.

CONSULAR CLERKS.

14..These Clerks, to the number of thirteen in all, are appointed by the President after examination, and can only be removed for

Classes of Consular Officers.

cause stated in writing and submitted to Congress at the session first following such removal. Applicants must be over eighteen years of age, and citizens of the United States at the time of their appointment, and must pass examination before an examining board, who shall report to the Secretary of State that the applicant is qualified and fit for the duties to which he shall be assigned.

15..These Clerks, when so appointed, are entitled to a compensation not exceeding $1,000 a year, and may be assigned to different Consulates from time to time. In case of transfer by order, the traveling expenses will be borne by the Department, the Consular Clerk furnishing a proper voucher therefor. When assigned they are subordinate to the Consul General, Vice or Deputy Consul General, Consul, or Vice or Deputy Consul at the post, as the case may be.

OFFICE CLERKS.

16. The law makes no provision for Office Clerks in salaried Consulates. In unsalaried Consulates it is at the discretion of the Department to allow such Clerks. It appears to the Department to be inequitable to allow to this class of Consuls what is equivalent to an increase of salary, when more important salaried Consulates are not allowed it. Therefore it has been decided that hereafter in all cases, whether of salaried or non-salaried Consulates, the expense of Office Clerks will be borne by the Consul, except where a Consular Clerk is assigned by the Department, or where special authority is given to employ a Clerk.

ARTICLE II.

How Consular Officers are Appointed and Qualify. 17.. Consuls General and Consuls are appointed by the President, by and with the advice and consent of the Senate. They qualify by taking the prescribed oath, (a copy of which is furnished by the Department for the purpose,) and by executing a bond to the United States in the form prescribed by the Department. (For form of oath see Form 1; and for forms of bonds see Forms 2, 3, and 4.)

18.. Commercial Agents are appointed by the President and qualify in like manner.

19.. Vice-Consuls General and Vice-Consuls, and Deputy Consuls General, and Deputy Consuls and Consular Agents are appointed by

How Consular Officers are appointed and qualify.

the Secretary of State, on the nomination of the principal Consular Officer, approved by the Consul General; or, if there be no Consul General, then by the Minister. Vice-Consuls are also required to give bonds in the penal sum of $2,000 for the faithful performance of their duties. (See Form No. 4.) Consuls in the British Dominions recommending appointments of this character will in all cases communicate a statement of the reasons which, in their judgment, render in each case an appointment necessary, with some evidence of the capacity, character, and fitness of the nominee for the office. Before entering upon his official duties he will wait to receive notice of the sanction of the appointment by this Department and its recognition by the British government.

ARTICLE III.

When Entitled to Enter on the Discharge of their Duties. 20..On the appointment of a Consul General or of a Consul, no commission is issued until the bond and oath required by law and regulation have been filed. The Consul is supposed to make early personal application to the Department for the forms for such oath and bond; and it is assumed that the laws and regulations in that respect are complied with before these instructions are issued. After the commission is signed and sealed, it is transmitted by the Department of State to the diplomatic representative accredited to the government within whose jurisdiction the office is situated, with instructions to obtain an exequatur. This document, when obtained, the diplomatic representative usually transmits by post, with the commission, to the Consular Officer. The Consular Officer may, however, proceed to his post and enter upon the discharge of the duties. of his office on obtaining the permission of the proper authorities to act until the exequatur arrives. It is customary, also, to transmit for similar recognition and authority the warrants of Vice-Consuls. and Deputy Consuls.

ARTICLE IV.

The Privileges of Consular Officers under the Law of Nations. 21..In the absence of international agreement Consuls as such have no representative or diplomatic character; have no right of

Privileges under the Law of Nations.

ex-territoriality, and cannot claim, either for themselves, their families, houses, or property, the privileges of exemption which are accorded to Diplomatic Agents.

22.. They are, however, after the granting of an exequatur, officers of a foreign state, and under the special protection of the law of nations. They may raise the flag and place the arms of the United States over their gates and doors. The actual papers and archives of the Consulate are exempt from seizure and detention. If they are citizens of the United States and do not hold real estate or engage in business in the country to which they are sent, they will be exempt from the performance of such personal duties toward the local government as may interfere with the performance of their consular duties.

23.. A Consul should claim to enjoy all the rights and privileges which have been allowed to his predecessors, unless a formal notice has been given that they will no longer be extended to his office or to Consuls of other states in the country in which he resides. He should also claim to enjoy all the immunities which are allowed to Consuls of other countries, unless suchother Consuls are entitled to such extraordinary immunities by special treaty stipulations.

ARTICLE V.

The Privileges and Powers of Consular Officers of the United States under Treaties and Conventions with Foreign Powers.

24.. The Consuls must bear in mind that in the following abstract it is impossible to do more than allude in a general way to the rights and privileges secured by treaties. The several treaties and conventions alluded to may be found in Appendix No. 1, and in each case the Consul must look there for more detailed information. It is also possible that more extended rights may have been granted to Consuls of other nations, and that the officers of the United States may be entitled to claim them under the clause known as the most favored nation clause," in a treaty with the United States.

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The Department must necessarily trust to the discretion of the Consul on the one hand not to permit his rights to be invaded without protest, nor on the other hand to claim what he cannot maintain.

Privileges and Powers under Treaties.

If the rights thus secured by treaty are in any case invaded or violated, the Consul will at once complain to the local authorities, to the Department, and to his immediate superior. These complaints should set forth in full all the facts showing the invasion or violation.

INVIOLABILITY OF THE ARCHIVES AND PAPERS OF THE CONSULATE

25..This is secured by treaties with the Argentine Republic, Bolivia, Belgium, Denmark, Ecuador, Greece, Guatemala, Hayti, Mexico, The Netherlands, Portugal, Salvador, Sweden and Norway, Switzerland, the Dominican Republic, Muscat, and New Granada.

INVIOLABILITY OF THE CONSULAR OFFICE AND DWELLING.

26..This is secured by treaties with Belgium, France, Italy, and Muscat; but the dwelling cannot be used as an asylum.

EXEMPTION FROM ARREST.

27..By convention with Belgium, France, and Italy the Consul is exempted from arrest, except for crimes. By treaty with Turkey he is entitled to suitable distinction and necessary aid and protection. In Muscat he enjoys the inviolability of a diplomatic officer.

EXEMPTION FROM LIABILITY TO APPEAR AS A WITNESS.

28..This is secured by conventions with Belgium, France, and Italy. In such case the testimony may be taken in writing at his dwelling. If the Consul claims this privilege, he should offer to give his evidence in the mode prescribed by the convention, and should throw no impediment in the way of the proper administration of justice in the country of his official residence.

EXEMPTION FROM TAXATION.

29..When the Consul is not a citizen of the country in which the Consulate is situated, and does not own property therein, and is not engaged in business therein, he is secured against the liability to taxation by treaties or conventions with Belgium, Bolivia, Den