« ÎnapoiContinuați »
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,
not a Mexican citizen, as a citizen of that Republic forfeits his citizenship by accepting an appointment as a consular officer of a foreign power, unless with the permission of the Congress of that country. In the British dominions no person holding an office under the Crown will be recognized as a consular officer of a foreign power.
43. Bond.—Every substitute and subordinate consular officer, except consular agents, shall, before entering upon the duties of his office, give a bond ith such sureties as shall be approved by the Secretary of State in a sum of not less than $2,000, conditioned for the true and faithful discharge of the duties of his office according to law, and for truly accounting for all money, goods, and effects which may come into his possession by virtue of his office. (Form No. 3.)— R. S., secs. 1695, 1698; 26 Fed. Rep., 607.
44. Removal of subordinates.--The removal of competent and faithful subordinates without cause is discountenanced by the Department of State. When, therefore, nominations are made with a view of superseding them, a full and satisfactory statement of the reasons for asking the change must be submitted for the Department's consideration. The appointment of a successor in any of the subordinate offices of a consulate is regarded as canceling the appointment of the predecessor, without a formal notice to that effect from the Department.
45. Interpreters, marshals, and consular agents.—Regularly appointed interpreters, if citizens of the United States, qualify by taking the oath of office (Form No. 1), but are not required to give a bond. Marshals of consular courts are required, in addition to the path of office, to execute and file in the Department of State a bond (Form No. 136).-R. S., sec. 4113. No bond is required of consular agents, but a consular officer having agents under his supervision may take from them such bond as he may deem proper for his protection.
46. Status of marshals and interpreters.—Disagreements and difficulties have sometimes arisen between the principal officer at a consulate and the interpreter or marshal, in consequence of the latter holding himself, from the circumstance of having a commission from the President, of equal standing in the consulate and of refusing to receive instructions from the consul. It should accordingly be understood by these officers that they are regarded as composing a part of the staff of a consulate and as subordinate to the principal officer. It is their duty, in all that regards the discharge of official business, to respect and obey the instructions of the consul or of the vice-consul, if in charge, and, whenever requested, to assist in the general work of the consulate. Neglect or refusal to comply with the just and reasonable directions of the consul should be reported to the Department of State.
47. Vacancies to be reported.—Whenever a vacancy occurs in a vice-consular office, or in that of interpreter, marshal, or consular agent, either by resignation, death, removal of residence, or otherwise, information of the fact should be communicated to the Department of State without delay.
ENTRY UPON DISCHARGE OF DUTIES.
48. Exequatur.-Upon the appointment of a consul-general, consul, or commercial agent, his commission is retained at the Department of State until the prescribed oath of office and bond have been filed and approved. Thereupon the commission is transmitted to the diplomatic representative accredited to the government within whose jurisdiction the office is situated, with instructions to apply for an exequatur. The exequatur, when obtained, is transmitted by the diplomatic representative to the consul, together with the commission, through the consulate-general, if there be one having supervisory powers; otherwise, directly to his address.
49. Entry upon duty without exequatur.—The consul may, when so directed by the Department of State, proceed to his post and enter upon the discharge of his duties on receiving permission from the proper local authorities of the place to act in his official capacity until the exequatur arrives. On the receipt of such permission, or if no objection is made to his so acting, it is the duty of the outgoing officer, or the subordinate in charge, to deliver the seals, archives, and other property of the office without waiting for the arrival of the exequatur. As soon as the exequatur is received, it should be made public in the manner usual in the country. In the event that there should be unusual delay in granting the exequatur, the consul should inform the Department.
50. Procuring exequatur when no diplomatic representative.If there be no legation of the United States in the country, the commission of a principal consular officer will be delivered or sent directly to him, with instructions to transmit it without delay, on arrival at his post, to the proper department of the government, and to request an exequatur. In such cases it is usual to inclose the commission in a letter from the Secretary of State to the minister of foreign affairs of the country, to be delivered at a suitable opportunity after the arrival of the consul at his post. In either case he will, in respectful terms, acquaint the authorities of the port or district to which he is sent of his appointment; and if he can obtain their consent to his acting in his official capacity before the receipt of the exequatur, he is authorized so to act.
51. Recognition of subordinate officers.--It is customary to transmit to the diplomatic representative, for recognition and authority, the certificates of appointment of all subordinate officers, except those of consular clerks, interpreters, and marshals. And in such cases, before entering upon his official duties, the consular officer will wait until he receives recognition from the government of the country or permission from the local authorities to act. The subordinate officers mentioned in paragraph 43, who are required to give bond, are not authorized to take charge of their offices or enter upon their duties until the bond has been executed and approved. Until an approved bond has been filed, the accounts for their compensation will not be adjusted at the Treasury Department, and they are without authority to draw upon the Government.
52. Certificates of subordinate officers, when no legation.—The certificates of appointment of subordinate officers in countries in which the United States have no legation are sent to the principal officer, with instructions to request, from the proper authority, the recognition or exequatur accorded to such officers.
53. Practice in colonies.—It is the practice in the colonies or dependencies of a country to instruct the consul-general, or the principal consular officer if there be no consul-general, to apply to the proper colonial authority for permission for a newly appointed consular officer to act temporarily in his official capacity, pending the result of the request for the exequatur.
54. Legation may request temporary authority to act.-Upon the application of the consular officer, or of the consul-general where there is one, the diplomatic representative may make to the minister of foreign affairs a request for temporary permission to act in the case of any consular officer under his jurisdiction.
55. Instruction period. It is usual to require a principal consular officer to proceed to his post within thirty days from the date he takes the oath of office. If a longer time in the United States is desired, satisfactory reasons must be presented to the Department of State for the request.