16. In international law.-Commercial agents in the consular service of the United States are to be distinguished from certain officers described in international law by the same title, who are not usually regarded by other powers as entitled to the full rank and privileges of a consular offiThe exigencies of the public service of the Government have from time to time made necessary the appointment of commercial agents of the character and with the restricted functions and privileges of such officers as known to international law, and this right is at all times reserved. In those instances, however, in which officers of this title and character have been appointed, the appointments have usually been made to countries the governments of which had not been recognized by the United States, or into which it was desired to send a confidential agent whose recognition need not be asked from the local government. Previous to the act of Congress of August 1, 1856, which reorganized the consular service, the officers appointed with the title of commercial agent were usually of this limited character. That act, however, not only established their rank as consular officers, but also superadded to their former powers the functions that appertain to the office of consul.

VICE-CONSULAR OFFICERS.

17. Vice-consuls and vice-commercial agents are consular officers who shall be substituted, temporarily, to fill the place of consuls-general, consuls, or commercial agents when they shall be temporarily absent or relieved from duty. They have accordingly no functions or powers when the principal officer is present at his post. Their functions, however, are coextensive with those of the principal when the latter is absent from his district and in all cases where they are lawfully in charge of the office.-R. S., sec. 1674; 33 Fed. Rep.,

DEPUTY CONSULAR OFFICERS.

18. Deputy consuls are 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 where their principals are located. They may perform their functions when the principal is absent from his district, as well as when he is at his post; but they are not authorized, in the former case, to assume the responsible charge of the office, that being the duty of the vice-consul.-R. S., sec. 1674.

VICE AND DEPUTY CONSULS-GENERAL.

19. The substitute and subordinate officers of consulsgeneral are by statute simply designated as vice-consuls and deputy consuls. It is customary, however, and the practice is indirectly recognized in the statutes, to designate such officers as vice-consuls-general and deputy consuls-general. Their powers and duties are the same as specified for vice and deputy consuls in the two preceding paragraphs.-R. S., secs. 1674, 4130.

CONSULAR AGENTS.

20. Subordinate officers.-Consular agents are consular officers subordinate to their principals, exercising the powers and performing the duties within the limits of their consular agencies, but at ports or places different from those at which their principals are located.-R. S., sec. 1674. Their functions are not, in all respects, as extensive as those of the principal officer. Though they act at places different from the seat of the principal office and their duties are in substance the same toward persons desiring consular services, they act only as the representative of the principal, and are subject and subordinate to him. They are not authorized to correspond with the Department of State, unless through

the principal or under exceptional circumstances; they make no returns or reports directly to the Department, and they are not permitted to render accounts or make any drafts for expenditures on the Departments of the Government unless under express instructions.

21. Acting consular agents.-In all cases where it is practicable, consular agents should be citizens of the United States, and none other should be recommended for appointment, unless citizens of proper character and standing can not be found. No consular agent has authority to appoint a subagent. In case of emergency, or in the absence of the consular agent on leave, the principal consular officer may designate, with the approval of the Department of State, a suitable person to perform the duties, under the title of consular agent. Consular officers should, at the time the change is made, report to the Department the names of the persons whom they may designate as substitute consular agents during the temporary absence of the latter from their posts, and accompany the report with the signatures of the substitutes and an impression of the official seal of the agency.

22. Entry upon duty.-Consular agents are subject, like other consular officers, to the provisions of law and the instructions of the Department of State. As soon as a consular agent has entered upon his duties, a specimen of his signature and an impression of his official seal should be sent to the Depart

ment.

CONSULAR CLERKS.

23. President appoints.-The President is authorized to appoint consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States and over 18 years of age at the time of their appointment. They can not be removed from office except for cause, stated in writing, which shall be submitted to Congress at the session

first following such removal. They may be assigned, from time to time, to such consulates and with such duties as the Secretary of State may direct. When so assigned, they are subordinate to the principal consular officer at the post. They will perform such clerical or other duties of the consulate as he may designate, and carefully observe and obey his instructions in all respects.-R. S., secs. 1704, 1705. (Paragraphs 511, 512.)

24. Examination for appointment.-No person will be appointed a consular clerk until it shall be satisfactorily shown to the Secretary of State, after due examination and report by an examining board, that the applicant is qualified and fit for the duties of the office.-R. S., sec. 1705. If the applicant is in a foreign country, the Secretary of State may permit him to be examined by a series of written questions by the minister of the United States in that country and two other competent persons to be named by him. The result of the examination, with the answers of the candidate in his own handwriting, will then be transmitted to the Secretary of State.

INTERPRETERS.

25. Interpreters are stationed only at certain consulates in China, Japan, Korea, the Turkish dominions, and Zanzibar. The sums appropriated for this service are expended under the direction of the Secretary of State. For obvious reasons

the selection of persons for these appointments is usually made from residents of the particular country whose acquaintance with the language and customs may have qualified them for the office. Their nomination is generally intrusted to the consul.-R. S., sec. 1692; 18 Stat. L., 66; 29 Stat. L., 27.

MARSHALS.

26. The President is authorized by law to appoint marshals for certain consular courts. He sometimes intrusts their

nomination to the consuls; but, as in the case of other subordinate officers, the right is reserved to make such appointments without previous nomination.-R. S., sec. 4111.

CLERKS AT CONSULATES.

| 27. Appropriation for clerk hire.—A specific appropriation is usually made by Congress annually for clerk hire at certain of the larger consulates. A general allowance is also made for clerk hire, to be expended under the direction of the Secretary of State, at consulates not specifically provided for; but no greater portion of this allowance than $500 will be allowed to any one consulate in any one fiscal year, nor will any allowance ever be made except for money actually expended by the consul for such purpose. The allowance is limited to the fiscal year for which it is made. The name, age, nationality, and qualifications of each clerk will be reported to the Department of State, together with the proposed amount of compensation; and no clerk will be employed without special instruction from the Department authorizing it.

28. Citizens preferred.-American citizens should be employed as clerks in the several consulates whenever it is practicable to do so. The presence of clerks of foreign nationality has, in some instances, led to much inconvenience and abuse. Apart from the propriety of employing those who owe allegiance to this Government, it is believed that, many young men of worth and ability, both at home and abroad, who desire to acquire a knowledge of the continental languages of Europe-a knowledge which in after years might be valuable to the Government and peoplewould make equally efficient and more trustworthy assistants. Preference should be given to them in every case where such persons can be found. The Department of State reserves the right to fill such clerkships by appointments