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which case the consul will transmit a copy of such form to the Department of State.

166. China.-In China applications for passports should be addressed to the legation in the form herein required, but the applicant should give his full Christian name and surname in both the English and the Chinese languages. Where the application can not be sworn to before a consul, and no notary or other officer authorized to administer oaths is accessible to the applicant, he may transmit the application accompanied by a certificate signed by himself and two witnesses, according to Form No. 180.

167. Chinese travel certificates.-In China consuls may issue travel certificates according to Form No. 181 to persons who possess passports as citizens of the United States and are about to make a journey into the interior of China, when such certificates are required by the local authorities, such certificates to be good for one year from their date. They may likewise issue travel certificates according to Form No. 182 to persons who have made a formal application for passports as citizens of the United States; but such certificates should be issued only when the party desires to start on his journey before his passport can be received from the legation, and must be expressed to be good only for the journey for which it is sought. And its validity for such journey shall not be of greater duration than one year. If the application for a passport in such case is refused upon the ground that the applicant is not a citizen of the United States, it becomes the duty of the consul who issued the certificate to notify the person to whom it was issued and the proper Chinese authorities that the travel certificate is no longer valid.

PROTECTION.

168. Naturalized citizens.-All naturalized citizens of the United States while in foreign countries are entitled to and

shall receive the same protection of person and property which is accorded to native-born citizens.-R. S. sec. 2000. The United States have treaties, however, with several countries regulating and controlling the status of naturalized citizens of the United States on their return to their native land. The treaties may be found in Appendix IV, and in so far as they modify the foregoing they are controlling.

169. Circumstances under which withheld.-Ordinarily, citizens of the United States, whether native or naturalized, subject to the provisions of the foregoing paragraph are entitled to the protection and intervention of diplomatic and consular officers in proper cases. The right of a citizen, however, to claim protection is founded upon the correlative right of this Government to claim his allegiance and support. Where a citizen, therefore, has resided abroad for a long period of time under such circumstances as to warrant the inference that he has practically abandoned his country, consuls may withhold their intervention pending the instructions of the legation or of the Department of State.

170. Intervention. When a consul is satisfied that an applicant for protection has a right to his intervention, he should interest himself in his behalf, examining carefully into his grievances. If he finds that the complaints are well founded, he should interpose firmly, but with courtesy and moderation, with the local authorities in his behalf and report the case to the legation for its further action, if any be required.

171. Duties toward American citizens.-The powers and duties of consular officers in regard to their fellow-citizens depend in a great measure upon the municipal law of the United States. No civil jurisdiction can be exercised by them over their countrymen without express authority of law, or by treaty stipulation with the state in which they reside; and no criminal jurisdiction is permitted to them in Christian states.

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.)

ARTICLE XI.

MERCHANT VESSELS.

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

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