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They are particularly cautioned not to enter into any contentions that can be avoided, either with their countrymen or with the subjects or authorities of the country. They should use every endeavor to settle in an amicable manner all dis. putes in which their countrymen may be concerned, but they should take no part in litigation between citizens. They should countenance and protect them before the authorities of the country in all cases in which they may be injured or oppressed, but their efforts should not be extended to those who have been willfully guilty of an infraction of the local laws. It is incumbent upon citizens of the United States to observe the reasonable laws of the country where they may be. It is their duty to endeavor on all occasions to maintain and promote all the rightful interests of citizens, and to protect them in all privileges that are provided for by treaty or are conceded by usage.
If representations are made to the local authorities and fail to secure the proper redress, the case should be reported to the consul-general, if there be one, or to the diplomatic representative, if there be no consulgeneral, and to the Department of State.
172. Register of American citizens. It is desirable, for many reasons, that principal consular officers should keep at their offices a register of all American citizens residing within their several districts. There is no authority under which registration can be made compulsory, but the obvious advantages to persons who may at any time need the services of a consular officer will suggest themselves. Consuls, therefore, will take care to make known that a register is kept, and invite all resident Americans to enter their names. The same general principles govern applications for registry that apply to applications for passports. (Paragraph 151.) No form of register is now prescribed, but it should show, as to native citizens, the date and place of birth and last residence in the United States, and, as to naturalized citizens, also the date of naturalization and the court by which the certificate of naturalization was granted. The register is, however, not intended to include the names of travelers or transient sojourners, but only those of such citizens as may have domiciled themselves in the district or are, for whatever reason, residing therein. No fee will be charged for registration, nor for any service connected with it.
173. Eastern countries.—In Eastern countries, and especially in the Turkish dominions, protection, in accordance with local custom, may be given to aliens actually in discharge of official duties under the direction of consular officers or employed in their domestic service. Where consular protection is regulated by treaty, it must conform strictly to the provisions of the treaty. No instrument in the nature of a passport should be issued to aliens thus protected, but when necessary a certificate may be given setting forth their relation and duties in connection with the consulate. Consuls will report to the Department of State on the 1st of January and July of each year the names and occupations of all aliens to whom, during the six months preceding, such protection may have been given, or by whom it may have been claimed.
174. Protection of foreign subjects in certain cases.--Requests have occasionally been made upon the Government of the United States to permit its diplomatic and consular officers to extend their protection to citizens or subjects of a foreign government who may desire it and who may be sojourning at places where there are no diplomatic or consular representatives of that government. This Government has from time to time, upon the request of friendly powers, given to its diplomatic and consular officers authority to take upon themselves, with the consent of the government within whose jurisdiction they reside, the function of representing those powers at places where the latter had no such officers. It
has understood this authority to be restricted simply to the granting of the services and good offices of our representatives, with their own consent, to meet what has ordinarily been a fortuitous and temporary exigency of the friendly government. When this function is accepted—which must be done only with the approval of the Department of Statethe diplomatic or consular officer becomes the agent of the foreign government as to the duties he may perform for its citizens or subjects. He becomes responsible to it for his discharge of those duties, and that government alone is responsible for his acts in relation thereto. He does not, however, for this purpose, become a diplomatic or consular officer of the foreign government. (Paragraph 453.)
175. Deposit of ship's papers.--The Revised Statutes, under a penalty of $500, require every master of a vessel belonging to citizens of the United States, who shall sail from any port of the United States, on his arrival at a foreign port, to deposit his register and also his sea letter and Mediterranean passport, if he have any, with the consular officer of the United States, if there be one at such port.—R. S., secs. 4309, 4310. It is usual also to deposit with the consular officer the crew list and shipping articles, and these documents, together with the register, are generally described as the "ship's papers.” This provision of the statute applies to registered vessels only, i. e., to those engaged in commerce between the United States and foreign countries, and does not apply to enrolled or licensed vessels, to which class belong whaling and other fishing vessels.—21 Op. Att. Gen., 190. Sometimes there is a provision of treaty requiring the deposit of ship's papers by all American vessels, whether registered or not. In such cases masters must comply with the provisions of the treaty.
176. Registry and flag evidence of nationality.—The certificate of registry of a vessel under the laws of the United States and proof that she carries an American flag are competent evidence and prima facie sufficient to establish her nationality without direct proof of the citizenship of her owners.—154 U.S., 151.
177. Arrival.—An "arrival" within the intent of the law means an arrival for purposes of business requiring an entry and clearance at the custom-house of the foreign port. If the vessel enters the foreign port conformably to the local law or usage, her coming amounts to an arrival, independently of any ulterior destination, or the time she may remain or intend to remain, or of the particular business to be transacted there.--4 Op. Att. Gen., 390; 9 Id., 256; 11 Id., 72.
A vessel putting into a foreign port to get information only, and not entering, or breaking bulk, or discharging seamen, or requiring new seamen, or needing the aid of the consular officer in any respect, can not be said to make an arrival at that port within the meaning of the law. Vessels driven into a port are not required to deposit their papers with the consular officer, unless formal entry be afterwards made or consular services required.–9 How., 372.
An arrival at a foreign port from another foreign port, in the course of the voyage, is an arrival within the meaning of the law.-9 Fed. Rep., 159.
178. Refusal of master to deposit papers. It is the duty of a consular officer, on the arrival of an American vessel, should the master neglect to deliver his ship's papers, as he is directed by law, to inform him of the necessity of so doing by showing him the law that requires it and apprising him of the penalty he will incur by refusal or neglect.-R. S., sec. 4310. If he fail to comply, a certificate of the fact, under the
consular seal (Form No. 12), must be immediately sent to the Department of State, giving the name and a description of the vessel, the port to which she belongs, where bound, and the usual residence of the master. In such case, it is desirable that the consular officer should send some other evidence of the arrival and departure of the delinquent master with his vessel besides that of his own certificate, as it has been held that such evidence of any fact is not sufficient, unless expressly or impliedly made so by statute. The suit to recover the penalty is conducted in the name of the consul for the benefit of the United States, but under the direction of the Attorney-General. The consul's duty with respect thereto consists only in furnishing the evidence.
179. Papers to be safely kept.- When the ship's papers are received, they are to be kept together in as safe a place as possible, to guard against fire and other accidents; and the consular officer, on receiving such papers, shall give a certificate of the fact (Form No. 13), or a receipt under seal, and make an entry in his consular record, specifying the time of delivery, the name of the vessel, the master, and the character of the papers deposited.
180. When consul may return papers.— Whenever the master shall produce the clearance of his vessel from the proper officer of the port, and shall comply with the provisions of law relating to the discharge of seamen in a foreign country, and shall pay to the consular officer the arrears of wages and the extra wages that may be due for every seaman discharged at his port, and such fees as are collectible, under the law and these Regulations, and shall pay all other demands, on account of the vessel, of which cognizance is given to consul, then he shall be entitled to the return of all the ship's papers deposited with the consular officer. On return of certificate, as in Form No. 13, there should be given with the papers a new certificate (Form No. 14). Until all these provisions of