riage, it is expedient that the marriage ceremony should, if possible, be performed in the manner required by the law of the place of contract.1

swered.

252. It is suggested that no notice has been taken Objections anof "the difference between consuls who are subjects of the State where they reside, and those who are not such subjects." Undoubtedly such difference exists, since a subject cannot escape his local obligations by means of an appointment as foreign consul; but that is immaterial to the question, because the consul does not, by reason of his being a foreigner, become therefore authorized to solemnize marriage. If, indeed, being a subject of the State, he have power as a local magistrate to solemnize marriage, or, being a foreigner, he have the same power as a clergyman, he may do it; but, in either case, not in his capacity of consul.

253. Another point of consideration is further suggested, namely, "the difference between consuls residing in a State where there is a minister representing the government by whom they were appointed, and consuls residing in a State where there is no minister;" and the peculiar importance of this point in Germany has been mentioned. It is true, that in a country where his government has no minister, the duties of the consul expand, of necessity, into a larger field, because he will be called upon to communicate with his own government, or with that near which he resides, in matters which would otherwise devolve on a minister; but that circumstance does not cure his legal incapacity as consul to solemnize marriage in Christian countries without authority of the local government.2

1 Statutes at Large, vol. xii. p. 79; Instructions to Mr. Fay, November 12, 1860, MS.

CHAPTER IX.

THE DUTIES OF A CONSULAR OFFICER AFTER RECEIVING

NOTICE OF HIS APPOINTMENT.

Bonds to be 254. As soon as a consul general, consul, or comgiven by con- mercial agent is officially notified of his appointment, and conditions he must, without unnecessary delay, before he receives

sular officers,

thereof.

his commission or enters upon the duties of his office, take the oath of office and allegiance, and also enter into a bond with the United States, with such sureties (who shall be permanent residents of the United States) as shall be approved by the Secretary of State, in a penal sum of not less than one thousand nor more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person to his use as such consul general, consul, or commercial agent, under any law now or hereafter enacted, and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such consul general, consul, or commercial agent; and in the cases of consuls general, consuls, and commercial agents embraced in schedule B of the act of August 18, 1856, such bond must contain, by way of further condition, the stipulation required by section five of the said act, namely, that they shall not, while holding their

offices, be interested in or transact any business as merchants, factors, brokers, or other traders to, from, or within the ports, places, or limits of their consulate or commercial agencies, directly or indirectly, either in their own name or in the name or through the agency of any persons. In the case of consuls included in schedules B or C, there is the further condition that all official fees shall be accounted for and paid to the United States.

255. He must at the same time inform the Department of the place of his birth and the State of which he was a citizen at the time of his appointment.

256. There are certain formalities which must be Formalities to strictly observed in the execution of the bond.

1. The Christian names must be written in the body of the bond in full, and so signed to the bond.

2. The places of residence of the principal and the sureties must also be stated in the bond or in the certificate of the District Attorney.

3. Each signature must be made in the presence of two persons, who must sign their names as witnesses. 4. The United States Attorney of the district in which the sureties reside must certify that they are severally sufficient to pay the penalty of the bond, and are citizens of the United States.

5. The date of the execution of the bond must be inserted.

257. If the consulate is one of those included in schedule B of the diplomatic and consular act of August eighteen, eighteen hundred and fifty-six, the bond must be executed in the manner prescribed by Form No. 2. If the consulate is included in schedule C the bond must be executed agreeably to Form No. 3.

1 Statutes at Large, vol. xi. pp. 56, 57.

be observed in

the execution of bonds.

Mode of pro

consular offi

258. If the consulate is not included either in schedule B or C, the bond must be executed in accordance with Form No. 4.

259. If the consular officer be not in the United ceeding if the States at the time of his appointment, as soon as he cer is not in the is apprised of the same he must sign, seal, and transUnited States. mit to the United States, by the most expeditious

Proof of citizenship quired.

re

Commission

of a consular

transmitted.

conveyance, a bond like the one described in section 254, to be signed and sealed by two sureties, who are permanent residents of the United States, and whose competency must be certified as above mentioned, and the instrument then sent to the Secretary of State for his approval; after which it is deposited with the Secretary of the Treasury.

260. If he be a naturalized citizen, he must transmit, with his bond, an attested copy of his certificate of naturalization.

261. When the bond of the consular officer has and passport been approved, and a certified copy of the oath of officer, and office and allegiance received at the Department of how and when State, his commission is immediately sent to the United States legation, if there be one in the country to which his consular district belongs; otherwise to the consul himself. His consular passport is then forwarded to him, the receipt of which he must immediately acknowledge, stating at the same time, the date of receipt.

Notice of time

262. After receiving his passport, he is expected and place of to depart, with all convenient despatch, for his post; giving notice to the Department of the time and

departure to be

given.

place of his departure, and of the vessel in which he embarks.

instructions.

263. CONSULS general are governed like other consu- Consuls genelar officers in the discharge of their official duties by the ral to be guided by the general laws of the United States and the consular regulations instructions, prescribed by the President. Inasmuch, however, as and by specific the duties which consuls general are required to perform are often highly important and involve much responsibility, they receive from time to time, from the Department of State, as occasion may demand, specific instructions for their information and guidance. 264. Consular officers residing within the jurisdic- Transmission tion of a consul general are required to transmit their of correspondofficial correspondence and reports through him, unless otherwise instructed, and in cases of emergency when the delay of communicating with the Department would be prejudicial to the public interests.

ence.

vice to consular

265. Consuls general are expected, when requested Consuls geneby a consular officer, to give their advice and counsel ral to give adto him in all cases of difficulty, and, whenever the officers. occasion may justify it, upon any subject affecting the interests of their own government or their country

men.

266. The correspondence of the Department of State with consular officers is not unfrequently, as with the consuls in the Island of Cuba, conducted through the medium of the Consul General of the