CHAPTER XI. CONSULS AND OTHER CONSULAR OFFICERS.1 273. CONSULS general, consuls, and commercial Principal conagents, are deemed and taken to denote full, prin- sular officers cipal, and permanent consular officers, as distin guished from subordinates and substitutes.2 3 defined. ing business. 274. The first class of consular officers are those Consular officonsuls general, consuls, and commercial agents, who cers of the first class prohibiare appointed to the ports and places designated in ted from being schedule B section three of the act regulating the interested in or diplomatic and consular systems of the United States, from transactwho, while holding the consular office, are prohibited by section five of the said act from being interested in, or from transacting any business as merchants, factors, brokers, or other traders, or as clerks or other agents for any such persons, to, from, or within the port, place, or limits of their consulates or commercial agencies, directly or indirectly, either in their own names or through the agency of any other persons. 275. Consuls of this class are entitled to compensa- Compensation. tion for their services, respectively, at the rates speci fied in said schedule B. 1 See Halleck's International Law, chap. x. "Of Consuls and Commercial Agents." 1 Statutes of the U. S. vol. xi. p. 64. Act of August 18, 1856, sec. 31. 2 Idem. vol. xi. pp. 52-65; Halleck, p. 241. Consular offi- 276. The second class of consular officers are cers of the se- those consuls and commercial agents appointed to cond class. Compensation. Consular offi third class and their compensation. the ports and places designated in schedule C of the same section. 277. Consular officers of this class are entitled to compensation for their services, respectively, at the rates per annum which are specified in schedule C, and are not prohibited from being interested in or transacting business, but are required to account for all official fees collected by them to the Secretary of the Treasury and hold the same subject to his draft or other directions. 278. The third class of consular officers are those cers of the consuls general, consuls, and commercial agents, who are not embraced in schedules B and C, and who are entitled, as compensation for their services, to such fees as they may collect in pursuance of the provisions of the act of August eighteen, eighteen hundred and fifty-six. Consular offi- 279. The President is authorized by section fifteen cers subject to of the said act to subject any consul or commercial as regards bus- agent contemplated by section four, and any vice the prohibition iness. consul, vice commercial agent, deputy consul, or consular agent, to the prohibition as to trade contained in section five, and to require from him such bond as is provided for by section thirteen, whenever he shall think the public interests will be promoted thereby. CHAPTER XII. DEPUTY CONSULS AND VICE CONSULS. 280. A DEPUTY consul is a consular officer subordi- Functions of a nate to a consul, exercising consular powers and per- deputy consul. forming the duties within the limits of a consulate, at the same port or place at which his principal resides.1 He is required to perform such duties as may be assigned to him by the principal consular officer. The appointment of a deputy consul is of unfrequent Deputy conoccurrence, and he can act only in case of the sick- suls, when to be ness of a consul, or of his inability to discharge with promptness such consular business as requires the personal attention of a principal consular officer. appointed. 281. The nomination of a deputy consul must be Mode of apcommunicated to the Department of State, accom- pointment. panied by a statement of the reasons which require the appointment, and proof of the character and ability of the nominee; if possible he should be a citizen of the United States. His appointment does not require a nomination to the Senate. prised of the 282. As soon as the consul receives from the De- Local authoripartment a confirmation of the appointment, he should ties to be apapprise the local authorities of the fact, and request appointment. the recognition of the deputy consul in his official character. Without such recognition it would be 1 Opinions of the Attorneys General, vol. vii. p. 262. Official papers manifestly improper for a deputy consul to communicate officially with the authorities of the place. 283. In all cases it is desirable that official papers to be signed by requiring consular authentication should be signed by the consul. cers for the the consul himself. Responsibility 284. Every consular officer is held by the Departof consular offi- ment responsible for the official acts of his agents, acts of their whatever may be their designation; and he is expected to exercise over them such control as to prevent them from committing any acts of inpropriety, dishonorable to the American name and character. agents. Appointment of vice commer cial agent. 285. A vice consul general, vice consul, or vice vice consul or commercial agent is an officer who is substituted temporarily to fill the places respectively of a consul general, consul, or commercial agent, in the absence of either of these officers. He is appointed in the same manner and subject to the same restrictions as a deputy consul. But in case of any sudden emergency requiring the services of a deputy consul or vice consul, where the interests of the United States or its citizens would suffer from delay, such deputy or vice consul may temporarily discharge consular duties prior to the confirmation of the appointment by the Department of State. Whenever such an emergency occurs it should be communicated without delay to the Secretary of State, and the sanction of the appointment obtained from the Department. Compensation nate consular 286. The salary of a vice consul general, deputy of a subordi- consul, vice consul or vice commercial agent, is proofficer. vided by the principal consular officer under whom the appointment is held from his own compensation, subject to the sanction of the President communicated through the Department of State. 287. No draft should be drawn by a subordinate consular officer unless the Department, on which it is drawn, has been previously apprised by the principal consular officer that such authority has been given; otherwise the draft may be protested. Immediately after receiving his appointment every vice consul should transmit his official bond as required by the sixth section of the act of April fourteen, seventeen hundred and ninety-two.1 1 Statutes at Large, vol. i. p. 256. |