CHAPTER XIV. Consular agents defined. Where consular agents are to be appointed. Consular agents to be CONSULAR AGENTS. 293. CONSULAR agents are defined, by section thirtyone of the act regulating the diplomatic and consular systems of the United States, to be consular officers, subordinate to full, principal, and permanent consular officers, exercising powers and performing duties within the limits of consulates or commercial agencies, respectively, at ports or places different from those at which such principals respectively reside.1 294. When there are, in consular districts, several sea-ports frequented by merchant vessels of the United States, or places where American interests are concerned, or to which American travellers resort, consular agents should be appointed at such ports or places, with the sanction of the President. In selecting ports or places for the establishment of consular agencies, reference should be had to the convenience and economy of American citizens and other parties most likely to transact business at such agencies. 295. In all cases where it is practicable, consular citizens of the agents should be citizens of the United States, and United States. none others should be recommended for appointment except in cases of absolute necessity. Compensation 296. Every consular agent is entitled, as compenof consular sation for his services, to such fees as he may lawfully agents. 1 Statutes at Large, vol. xi. p. 64; also Opinions of the Attorneys General, vol. vii. pp. 246, 247, 262, 276. collect in pursuance of the provisions of the act regulating the diplomatic and consular systems of the United States, or so much thereof as shall be determined by the President; and the principal officer of the consulate or commercial agency within the limits of which a consular agent shall be appointed, is entitled to the residue, if any, in addition to any other compensation allowed him by section fifteen of the act above mentioned for his services therein. 297. Consular agents are subject, like other consu- Responsibility lar officers, to the provisions of law and the instruc- of consular tions of the Department. agents. 298. On all matters relating to the business of their Correspondagencies, they are required to communicate with the ence of consular agents; consular officers by whom they are respectively appointed, and to whom they are responsible; such of their communications as are considered of sufficient importance, and in all cases their quarterly reports and returns, are to be transmitted by the said consular officers to the Department of State. consular agent 299. No consular agent is permitted to perform Termination of any official act after the death, recall, resignation, the office of or withdrawal from office, of the consular officer by in certain conwhom he was appointed; his own power to act offi- tingencies. cially being annulled by either of the events here mentioned. 300. No consular agent or vice commercial agent Sub-agents not is allowed to appoint a sub-agent. to be appointed. reported. of 301. As soon as possible after having received his Names exequatur and entered upon his duties, every newly agents to be appointed consul is expected to report to the Secretary of State for confirmation the names of his consular agents, and, invariably, at the close of each year to transmit a full list of all his subordinates. CHAPTER XV. American clerks to be em 302. WHENEVER at any consulate or commercial ployed in pre- agency it becomes necessary to employ consular to clerks, consular officers are expected, where it is ference aliens. practicable, to receive into their service those individuals only who owe allegiance to the government of the United States, 303. Inconveniences may result from this instruction where the English language is not that of the country in which the consulate is situated; but if consular officers are not acquainted with such language at the time of receiving their appointments, it is expected that they will soon acquire a sufficient knowledge of it for the management of their official business. 304. There are many Americans citizens, at home and abroad, who are anxious to acquire a knowledge of the languages of Europe-a knowledge which would be valuable to the government and to the people of the United States; and it is recommended to consular officers, so far as it is practicable, to procure such persons as assistants. Should circumstances prevent a strict compliance with this instruction, the fact will be reported to the Department and the reasons thereof explained. 305. At the close of every year, every consular consular offi.. partment. officer is required to transmit to the Department, Names of all according to the prescribed form, (No. 1,) a list of all subordinate persons who may be acting within his consular dis- cers to be transtrict and under his jurisdiction, either as deputy or mitted annualvice consuls, consular agents, clerks, or in any other ly to the Desimilar capacity, stating in such returns the name of the individuals, their place of birth, the country to which they owe allegiance, their rank, date of nomination, and the date of the approval thereof by the Department. No provision is made by law for the compensation of consular clerks; if such officers are appointed, provision must be made for their salaries by the consuls by whom they are respectively appointed, and to whom they are responsible. CHAPTER XVI. Salary. Fees. shals. MARSHALS OF CONSULAR COURTS. 306. Ir is provided by the twenty-fifth section of the act of Congress of June twenty-second, eighteen hundred and sixty, that the President be authorized to appoint marshals for such of the consular courts in the countries designated therein, as he may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars per annum, in addition to the fees allowed by the regulations of the said ministers, respectively, in the said countries; and it is made. Duties of mar- the duty of the said marshals, respectively, to execute all process issued by the minister of the United States in the said countries, respectively, or by the consul at the port at which they reside, and to make due return of the same to the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said ministers, respectively, in regard to their duties. The marshals are Bonds to be required to give bond for the faithful performance of given. the duties of the office, before entering upon their official duties, which bond must be in a penal sum not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State of the United States; the bond is to be transmitted to the Penalty. |