Gambar halaman

when a suitable appointment can not be made in any of the modes indicated in this paragraph.

33. Oath.—Every consular officer, consular clerk, regularly appointed interpreter, and marshal of a consular court shall, if a citizen of the United States, before entering upon the duties of his office, take and subscribe the oath prescribed by section 1757 of the Revised Statutes (Form No. 1).-R. S., secs. 1756, 1757; 23 Stat. L., 21.

34. To hold but one office.-No consul-general or consul, appointed to one consulate, shall be permitted to hold the office of consul-general or consul at any other consulate, or exercise the duties thereof.R. S., sec. 1691.

35. Bond.—Every consul-general, consul, and commercial agent, before he receives his commission or enters upon the duties of his office, shall give a bond to the United States in a penal sum not less than one thousand nor more than ten thousand dollars, and in no case less than the annual compensation allowed such officer, and conditioned as prescribed in the statutes. Salaried officers included within the prohibition of paragraph 37 shall execute a bond according to Form No. 2; those not so included, according to Form No. 3.-R. S., sec. 1697; 19 How., 73; 14 Op. Att. Gen., 7.

36. Sureties.—The sureties on bonds of salaried officers shall be permanent residents of the United States, or a regularly authorized surety company incorporated under the laws of the United States or of one of the States, and must be approved by the Secretary of State. The sureties on bonds of unsalaried officers shall be such as the Secretary of State shall approve.

Married women will not be accepted as sureties. For instructions to be observed in the execution of bonds, see Forms Nos. 2 and 3, and notes thereto.—15 Op. Att. Gen., 472; 18 Stat. L., 67; 28 Stat. L., 279.

37. Prohibition against trading.–No consular officer whose salary exceeds $1,000 a year shall, while he holds his office,

be interested in or transact any business as a merchant, factor, broker, or other trader, or as a clerk or other agent for any such person to, from, or within the port, place, or limits of his consulate-general, consulate, or commercial agency, directly or indirectly, either in his own name or in the name or through the agency of any other person; and he shall in his official bond stipulate, as a condition thereof, not to violate this prohibition. The President may extend this prohibition to any consular officer whose salary does not exceed $1,000 a year, and may require such officer to give a bond not to violate the same.—R. S., secs. 1699, 1700. The consuls at Fayal and Auckland are exempted from the foregoing prohibition.-18 Stat. L., 486. It is unadvisable that interpreters and marshals of consular courts and consular clerks receiving a salary should be allowed the privilege of trading, although exceptions may be made for good cause shown to the Department of State.

38. Custody of bonds. The bonds of consular officers are, after their approval by the Secretary of State, deposited with the Secretary of the Treasury.-R. S., secs. 1697, 1698. l'nder the rule of the Treasury Department, bonds, when so filed, can not be withdrawn from its custody; and they are not canceled on the retirement of the officer from the service.

SUBSTITUTE AND SUBORDINATE OFFICERS. 39. Nomination and appointment.–Vice-consuls-general, deputy consuls-general, vice-consuls, deputy consuls, vice-commereial agents, and consular agents are appointed by the Secretary of State, usually upon the nomination of the principal consular officer. The privilege of making such nominations must not be construed to limit the authority of the Secretary of State to appoint these officers without such previous nomination by the principal officer. The statutory power in this respect is reserved, and it will be exercised in all cases in which the interests of the service or other public reasons may be deemed to require it.—R. S., sec. 1695; 15 C. Cls. R., 64.

40. Conditions of appointment.-Consular officers recommending appointments of this character must in all cases submit some evidence of the capacity, character, and fitness of the nominee for the office, and also give his residence and nationality. A nomination failing to give these particulars will not be considered. The nomination must be made in a dispatch addressed to the Assistant Secretary of State, transmitted through the legation or consulate-general, or directly, as the case may be. (Paragraphs 97, 98–105.) A minor will not be approved for any subordinate consular office. All persons nominated for subordinate appointments must be able to speak and read the English language. In all cases where it is practicable to do so, substitute and subordinate offices should be filled by citizens of the United States.

41. Vice and deputy combined. - To avoid both the multiplication of offices at one post and the difficulty in obtaining recognition of these officers, it will be required that the position of vice and deputy shall be held by the same person, unless controlling reasons be shown to the contrary.

42. Foreigners must be authorized. -- In nominating their substitute and subordinate officers consuls should ascertain whether there is any impediment in the laws of the state where they exercise their functions against citizens or subjects of such state accepting an appointment as a consular officer. For example, in Spain and Spanish dominions persons who are nominated to fill subordinate consular positions must have attained their majority, which, under Spanish law, is 24 years. Hence consular officers, in making their nominations for such positions, must satisfy themselves that the person nominated will not be refused recognition on the ground that he has not attained his majority. And in Mexico they must likewise satisfy themselves that the nominee is

not a Mexican citizen, as a citizen of that Republic forfeits his citizenship by accepting an appointment as a consular officer of a foreign power, unless with the permission of the Congress of that country. In the British dominions no person holding an office under the Crown will be recognized as a consular officer of a foreign power.

43. Bond.—Every substitute and subordinate consular officer, except consular agents, shall, before entering upon the duties of his office, give a bond with such sureties as shall be approved by the Secretary of State in a sum of not less than $2,000, conditioned for the true and faithful discharge of the duties of his office according to law, and for truly accounting for all money, goods, and effects which may come into his possession by virtue of his office. (Form No. 3.)-R. S., secs. 1695, 1698; 26 Fed. Rep., 607.

44. Removal of subordinates.—The removal of competent and faithful subordinates without cause is discountenanced by the Department of State. When, therefore, nominations are made with a view of superseding them, a full and satisfactory statement of the reasons for asking the change must be submitted for the Department's consideration. The appointment of a successor in any of the subordinate offices of a consulate is regarded as canceling the appointment of the predecessor, without a formal notice to that effect from the Department.

45. Interpreters, marshals, and consular agents.-Regularly appointed interpreters, if citizens of the United States, qualify by taking the oath of office (Form No. 1), but are not required to give a bond. Marshals of consular courts are required, in addition to the path of office, to execute and file in the Department of State a bond (Form No. 136).—R. S., sec. 4113. No bond is required of consular agents, but a consular officer having agents under his supervision may take from them such bond as he may deem proper for his protection.

17824 CR-2

46. Status of marshals and interpreters.—Disagreements and difficulties have sometimes arisen between the principal officer at a consulate and the interpreter or marshal, in consequence of the latter holding himself, from the circumstance of having a commission from the President, of equal standing in the consulate and of refusing to receive instructions from the consul. It should accordingly be understood by these officers that they are regarded as composing a part of the staff of a consulate and as subordinate to the principal officer. It is their duty, in all that regards the discharge of official business, to respect and obey the instructions of the consul or of the vice-consul, if in charge, and, whenever requested, to assist in the general work of the consulate. Neglect or refusal to comply with the just and reasonable directions of the consul should be reported to the Department of State.

47. Vacancies to be reported.— Whenever a vacancy occurs in a vice-consular office, or in that of interpreter, marshal, or consular agent, either by resignation, death, removal of residence, or otherwise, information of the fact should be communicated to the Department of State without delay.



48. Exequatur.—Upon the appointment of a consul-general, consul, or commercial agent, his commission is retained at the Department of State until the prescribed oath of office and bond have been filed and approved. Thereupon the commission is transmitted to the diplomatic representative accredited to the government within whose jurisdiction the office is situated, with instructions to apply for an exequatur. The exequatur, when obtained, is transmitted by the diplomatic representative to the consul, together with the commission,

« SebelumnyaLanjutkan »