directly from this country, or from citizens of the United States abroad whenever it shall be deemed proper.

29. Members of consul's family as clerks.-The employment of members of a consul's family will be permitted only in exceptional cases where the expediency of such employment and the qualifications of the proposed employee are clearly shown.

LIMITS OF CONSULAR DISTRICTS.

30. The statute authorizes the President to define the extent of country to be embraced within any consulate or commercial agency.-R. S., sec. 1695. The consular commission usually describes these limits as including all places nearer to the official residence of a consul than to the residence of any other consul within the same allegiance. This is to be regarded as the rule by which the limits of the respective districts are to be determined in the absence of instructions specifically defining the consular district. In no case, however, is a consular officer authorized to take jurisdiction of consular business outside of the state from the government of which he receives his exequatur. The Department of State may, however, in its discretion, assign a consular agency to a consulate without regard to nearness of geographical situation. The limits of a consular agency are always within the district of the consulate to which it is attached, unless the Department shall determine otherwise.

ARTICLE II.

APPOINTMENT AND QUALIFICATION.

PRINCIPAL CONSULAR OFFICERS.

31. Consuls-general and consuls are appointed by the President, by and with the advice and consent of the Senate.-Constitution, Art. II, sec. 2. Commercial agents are appointed

directly by the President. All principal consular officers qualify by taking the prescribed oath (a copy of which is furnished by the Department of State for the purpose), and by executing a bond to the United States in the form prescribed by the Department.

32. Examination for appointment.-Any vacancy in a consulate or commercial agency now or hereafter existing the salary of which is not more than $2,500, nor less than $1,000, or the compensation of which, if derived from official fees, exclusive of notarial and other unofficial receipts, does not exceed $2,500, nor fall below $1,000, shall be filled (a) by a transfer or promotion from some other position under the Department of State of a character tending to qualify the incumbent for the position to be filled; or (b) by appointment of a person not under the Department of State but having previously served thereunder to its satisfaction in a capacity tending to qualify him for the position to be filled; or (c) by the appointment of a person who, having furnished the (customary) evidence of character, responsibility, and capacity, and being thereupon selected by the President for examination, is found upon such examination to be qualified for the position.

For the purposes of this paragraph notarial and unofficial fees shall not be regarded; but the compensation of a consulate or commercial agency shall be ascertained, if the office is salaried, by reference to the last preceding appropriation act, and, if the office is not salaried, by reference to the returns of official fees for the last preceding fiscal year.

The examination herein before provided for shall be by a board of three persons designated by the Secretary of State, who shall also prescribe the subjects to which such examination shall relate and the general mode of conducting the same by the board.

A vacancy in a consulate will be filled at discretion only

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. Under 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-commercial 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