has understood this authority to be restricted simply to the granting of the services and good offices of our representatives, with their own consent, to meet what has ordinarily been a fortuitous and temporary exigency of the friendly government. When this function is accepted-which must be done only with the approval of the Department of State— the diplomatic or consular officer becomes the agent of the foreign government as to the duties he may perform for its citizens or subjects. He becomes responsible to it for his discharge of those duties, and that government alone is responsible for his acts in relation thereto. He does not, however, for this purpose, become a diplomatic or consular officer of the foreign government. (Paragraph 453.)

ARTICLE XI.

MERCHANT VESSELS.

175. Deposit of ship's papers.-The Revised Statutes, under a penalty of $500, require every master of a vessel belonging to citizens of the United States, who shall sail from any port of the United States, on his arrival at a foreign port, to deposit his register and also his sea letter and Mediterranean passport, if he have any, with the consular officer of the United States, if there be one at such S., secs. 4309, 4310. It is usual also to deposit with the consular officer the crew list and shipping articles, and these documents, together with the register, are generally described as the "ship's papers." This provision of the statute applies to registered vessels only, i. e., to those engaged in commerce between the United States and foreign countries, and does not apply to enrolled or licensed vessels, to which class belong whaling and other fishing vessels.-21 Op. Att. Gen.,

Sometimes there is a provision of treaty requiring the deposit of ship's papers by all American vessels, whether

registered or not. In such cases masters must comply with the provisions of the treaty.

176. Registry and flag evidence of nationality.—The certificate of registry of a vessel under the laws of the United States and proof that she carries an American flag are competent evidence and prima facie sufficient to establish her nationality without direct proof of the citizenship of her owners.-154 U.S., 151.

177. Arrival.-An "arrival" within the intent of the law means an arrival for purposes of business requiring an entry and clearance at the custom-house of the foreign port. If the vessel enters the foreign port conformably to the local law or usage, her coming amounts to an arrival, independently of any ulterior destination, or the time she may remain or intend to remain, or of the particular business to be transacted there.-4 Op. Att. Gen., 390; 9 Id., 256; 11 Id., 72.

A vessel putting into a foreign port to get information only, and not entering, or breaking bulk, or discharging seamen, or requiring new seamen, or needing the aid of the consular officer in any respect, can not be said to make an arrival at that port within the meaning of the law. Vessels driven into a port are not required to deposit their papers with the consular officer, unless formal entry be afterwards made or consular services required.-9 How., 372.

An arrival at a foreign port from another foreign port, in the course of the voyage, is an arrival within the meaning of the law. 9 Fed. Rep., 159.

178. Refusal of master to deposit papers.-It is the duty of a consular officer, on the arrival of an American vessel, should the master neglect to deliver his ship's papers, as he is directed by law, to inform him of the necessity of so doing by showing him the law that requires it and apprising him of the penalty he will incur by refusal or neglect.-R. S., sec. 4310. If he fail to comply, a certificate of the fact, under the

consular seal (Form No. 12), must be immediately sent to the Department of State, giving the name and a description of the vessel, the port to which she belongs, where bound, and the usual residence of the master. In such case, it is desirable that the consular officer should send some other evidence of the arrival and departure of the delinquent master with his vessel besides that of his own certificate, as it has been held that such evidence of any fact is not sufficient, unless expressly or impliedly made so by statute. The suit to recover the penalty is conducted in the name of the consul for the benefit of the United States, but under the direction of the Attorney-General. The consul's duty with respect thereto consists only in furnishing the evidence.

179. Papers to be safely kept.-When the ship's papers are received, they are to be kept together in as safe a place as possible, to guard against fire and other accidents; and the consular officer, on receiving such papers, shall give a certificate of the fact (Form No. 13), or a receipt under seal, and make an entry in his consular record, specifying the time of delivery, the name of the vessel, the master, and the character of the papers deposited.

180. When consul may return papers.-Whenever the master shall produce the clearance of his vessel from the proper officer of the port, and shall comply with the provisions of law relating to the discharge of seamen in a foreign country, and shall pay to the consular officer the arrears of wages and the extra wages that may be due for every seaman discharged at his port, and such fees as are collectible, under the law and these Regulations, and shall pay all other demands, on account of the vessel, of which cognizance is given to consul, then he shall be entitled to the return of all the ship's papers deposited with the consular officer. On return of certificate, as in Form No. 13, there should be given with the papers a new certificate (Form No. 14). Until all these provisions of

law are complied with, the consular officer should retain the papers, although the clearance may be regular and in due form. He has no authority to withhold a ship's papers to compel payment of the demands of creditors against the vessel. — R. S., secs. 1718, 4309; 9 Op. Att. Gen., 384. (Paragraph 225.)

181. When master sails without papers.-When a master sails from a port, leaving, from whatever cause, the ship's papers in the hands of the consular officer, it is the duty of the consular officer to transmit them without delay to the Department of State, together with a full statement of the facts and circumstances under which he retained them.

182. Consular fees. Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service which any consular officer of the United States shall be authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the consulate or commercial agency where such service is required to perform such service; but no vessel's fees shall be collected by consular officers from such a vessel.-R. S., sec. 1718; 23 Stat. L., 56, sec. 12. The masters of foreign-built vessels, wholly owned by citizens of the United States, shall pay to such consular officer the fees lawfully chargeable for such service, who shall account for the said fees to the Treasury as official, excepting such as he may collect for shipping and discharging seamen who are not American seamen within the meaning of the law.-18 Op. Att. Gen., 234.

183. Written statement of services. It is the duty of all masters of vessels for whom any official service shall be performed by any consular officer, without the payment of a fee, to require a written statement (Form No. 167) of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the

district in which such vessels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine not exceeding $50, unless he shall state, under oath, that no such statement was furnished him by the consular officer. (Paragraph 523.) When, however, the consular officer who performs the services is one who receives a fixed salary, the above requirement of a written statement of services to be given the master is waived, except in cases where official fees or charges, or extra wages or arrears of wages of seamen, are actually collected, in which cases the receipts for the moneys are to be received by the masters and delivered to the collector, as provided.-R. S., sec. 4213; 23 Stat. L., 53, sec. 13.

184. Masters to receive bullion, but not the mails.-It is made the duty of all vessels belonging to citizens of the United States, and bound from a foreign port to a port in the United States, before clearance, to receive on board all such bullion, coin, United States notes and bonds, and other securities as any minister, consul, vice-consul, or commercial or other agent of the United States abroad shall offer, and to securely convey and promptly deliver the same to the proper authorities or consignees on arriving at the port of destination. For such service they shall receive such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business. But American vessels are not obliged to carry the mails to and from the United States unless under contract so to do.-R. S., sec. 4204; 23 Stat. L., 58, sec. 23.

185. Manifests required of all vessels.-The statutes regulating the collection of duties on imports and tonnage and relating to manifests apply as well to vessels owned in whole or in part by foreigners as to vessels of the United States, and consular officers are therefore instructed to inform the masters of all vessels leaving their ports for the United States that they are 17824 C R- -5