Penalty for the port to an alien. citizen. They are not to grant passports simply upon papers issued by State or corporate authorities or notaries public, or upon certificates of citizenship given by such authorities, as the United States consulates are not furnished with official information either in regard to their appointments, or to their signatures and seals of office. 634. A passport or other paper granted by a conissue of a pass- sul, certifying that an alien, knowing him or her to be such, is a citizen of the United States,1 is an offence punishable by a fine not exceeding one thousand dollars, to which the President will always add deprivation of office. Issue of certificates. Certificates. 635. Great care must be exercised by consular officers in granting certificates respecting the property of aliens. The giving of a certificate that property belonging to aliens is the property of citizens of the United States, by a consular officer who knows the fact to be otherwise, is an offence by which a high Penalty in- penalty is incurred, the punishment being a fine not exceeding ten thousand dollars and imprisonment not exceeding three years. Consular officers, therefore, in all such cases, will require such evidence as will show clearly that they have good reason to believe the truth of the facts they certify. curred. Certificates for 636. By the revenue laws of the United States, the benefit of consular officers are authorized to give certificates drawback. of the landing of merchandise, to obtain the benefit of drawback. As great frauds upon the revenue have sometimes been committed by obtaining certificates without a due examination of the articles, consuls are instructed to give no such certificates 1 Statutes at Large, vol. ii. p. 205. without personal inspection or full proof. Authority Verification of per instructions of 637. On all subjects relating to the revenue, par- Attention to be ticular instructions will be given from time to time by given to the the Secretary of the Treasury, which will be equally the Secretary obligatory upon consular officers as if they had pro- of the Treaceeded from this Department. The special attention sury. of all consular officers is directed to the General Regulations of the Treasury Department, and, so far as they relate to their duties, the strict observance of them is enjoined. CHAPTER XXXI. Evidence of ATTENDANCE OF CONSULAR OFFICERS AS WITNESSES IN COURT. 638. By the second article of the consular convenconsular offi- tion between the United States and France, of Febcers in judicial proceedings. ruary twenty-three, eighteen hundred and fifty-three, it is stipulated that consular officers shall never be compelled to appear as witnesses before the courts. When any declaration for judicial purposes, or deposition, is to be received from them in the administration of justice, they shall be invited in writing to appear in court, and if unable to do so, their testimony shall be requested in writing, or be taken orally at their dwellings. By provisions in some of our treaties with other powers, the above privilege may be claimed by them for their consuls resident in the United States. Duty of consu appear and give testimony invitation. on 639. Though United States consuls in France are lar officers to not subject to compulsory process for the purpose of being brought into court as witnesses, yet it is their duty, on invitation, to appear and give their testimony unless necessarily prevented. They have no right, on account of their official position, or disinclination or personal inconvenience, to refuse compliance with such invitation. Business engagements will not be regarded as a valid excuse, unless they be 1 Statutes at Large, vol. x. p. 993. of such a character that interruption would necessarily result in a serious injury to our government or citizens. by consular 640. If the testimony of American consular officers No obstacles to is required for the proper administration of justice in be interposed a foreign country, it ought to be made available, ex- officers in obcept under extraordinary circumstances, for that pur- taining testipose, and the government of the United States expects they will be careful to throw no obstacles in the way of obtaining it. mony. after a refusal 641. Should an American consular officer, to whom Duty of a conthe exemption from compulsory process is given by sular officer the consular treaty above referred to, or any other to appear and treaty, refuse, for what he may deem a good cause, give testimony. to comply with an invitation to appear in court, or before a proper authority, to give testimony, he is directed forthwith to communicate the fact of his refusal to the Department of State, and to state clearly and fully the reasons for such refusal. A refusal, without good cause therefor, will be regarded Consequences as an act of disrespect toward the government within of whose jurisdiction he resides, and as a sufficient reason cause. for his removal. a refusal without good CHAPTER XXXII. Foreign com tions to be laid gress. CONSULAR REPORTS AND RETURNS. 642. By an act of Congress approved August 16, mercial regula- 1842, it is made the duty of the Secretary of State before Con- to lay before Congress, annually, at the commencement of its session, in a compendious form, all such changes and modifications in the commercial systems of other nations, whether by treaties, duties on imports and exports, or other regulations, as shall have come to the knowledge of the Department.1 Other commer tion to be communicated. 643. This act was so amended by an act approved cial informa- August 18, 1856, relating to foreign regulations of commerce, as to make it the duty of the Secretary of State to lay before Congress, as a part of said report, all other commercial information communicated to the Department by consular and diplomatic agents of the government abroad, or contained in the official publications of other governments, which should be deemed sufficiently important.2 Consular offi 644. To enable the Secretary of State to make cers required such report, it is declared to be the duty of consuls commercial in- and commercial agents in foreign countries to procure to transmit formation. and transmit to the Department of State authentic commercial information respecting said countries, of such character and in such manner and form, and at such times as may, from time to time, be prescribed by the Department. 1 Statutes at Large, vol. v. p. 507. Ibid. vol. xi. p. 139. |