business outside of the State from the government of which he receives his exequatur. The Department of State may, however, in its discretion, assign a Consular Agency to a Consulate without regard to nearness of geographical situation. The limits of a Consular Agency are always within the district of the Consulate to which it is attached, unless the Department shall determine otherwise.

terms.

R. S., secs. 1674 and 1689.

27..In these Regulations the term "principal Consular Def nition of Officer" has the meaning given to it by the statute, and denotes a Consul-General, a Consul, or a Commercial Agent, as the case may be. The term "Consul" is used generically, and may denote any one of the principal Consular Officers. The term "Vice-Consular Officer" denotes either a Vice-Consul-General, a Vice-Consul, or a Vice-Commercial Agent, as the case may be. The term "Consular Officer" embraces principal Officers, Vice and Deputy Consular Officers, and Consular Agents, in accordance with the statute.

ARTICLE II.

Appointment and Qualification of Consular Officers.

28.. Consuls-General and Consuls are appointed by the President, by and with the advice and consent of the Senate. They qualify by taking the prescribed oath (a copy of which is furnished by the Department for the purpose), and by executing a bond to the United States in the form prescribed by the Department.

Appointment Consular Officers.

Bond.

R. S., secs. 1697.

1757.

29.. Consuls-General and all Consuls and Commercial Agents whose salaries exceed $1,000 a year are required, be- 1699, 1700, 1756, and fore receiving a commission, to execute a bond (Form No. 2) containing an express stipulation against engaging in business. Those whose salaries are at the rate of $1,000 or less, all of whom are entitled to the privilege of trading, execute the bond given in Form No. 3; and those who derive their compensation from the fees of office (who may also engage in business) execute the bond prescribed in Form No. 4. The prohibition as to transacting business may, however, be extended, in the discretion of the President, so as to embrace all principal Consular Officers, whether receiving salary or fees, and also all subordinate officers. All principal Consu

May hold but one office.

lar Officers are required by law to take the oath in Form No. 1. For instructions respecting the sureties on the bond and the formalities of its execution see note to Form No. 2.

30..A Consul-General or Consul appointed to one ConsuR. S., sec. 1691. late is prohibited from holding the office of Consul-General or Consul at any other Consulate, or from exercising the duties thereof.

Commercial

Agents.

Subordinate offi

cers.

31..Commercial Agents are appointed by the President. They qualify for their offices in the same manner in all respects as Consuls-General and Consuls.

32.. Vice-Consuls-General, Deputy Consuls-General, ViceR. S., sec. 1695. Consuls, Deputy Consuls, Vice-Commercial Agents, Deputy Commercial Agents, and Consular Agents are appointed by the Secretary of State, usually upon the nomination of the principal Consular Officer, approved by the Consul-General (if the nomination relates to a Consulate or Commercial Agency), or, if there be no Consul-General, then by the Diplomatic Representative. If there be no Consul-General or Diplomatic Representative, the nomination should be transmitted directly to the Department of State, as should also the nominations for subordinate officers in Mexico, British India, Manitoba, and British Columbia. The nominations for Vice-Consul-General and Deputy Consul-General must be submitted to the Diplomatic Representative for approval, if there be one resident in the country. The privilege of making the nominations for the foregoing subordinate officers must not be construed to limit the authority of the Secretary of State, as provided by law, to appoint these officers without such previous nomination by the principal Officer. The statutory power in this respect is reserved, and it will be exercised in all cases in which the interests of the service or other public reasons may be deemed to require it.

Conditions of appointment.

33.. Consular Officers recommending appointments of this character must in all cases submit some evidence of the capacity, character, and fitness of the nominee for the office, and also information respecting his residence and the State or country of which he is a citizen or subject. A nomination failing to give these particulars will not be considered. The nomination must be made in a dispatch addressed to the proper Assistant Secretary of State, transmitted

through the Legation or Consulate-General, or directly, as the case may be. A minor will not be approved for any subordinate Consular Office. In the United Kingdom and Colonies of Great Britain no public officer of Her Majesty's Government is permitted to act as a Consular Officer of a foreign State. All persons nominated for subordinate appointments must be able to speak and read the English language.

34.. With the exception of Consular Agents, each of the foregoing subordinate officers are required to give bond in the penal sum of not less than $2,000 for the faithful performance of his duties. (Form No. 4.) At certain Consulates the office of Vice and Deputy is held by separate persons. This course has been the cause in some instances of embarrassment to the Department in obtaining the recognition of these officers, and is not a desirable one in other respects. Hereafter, to avoid both the multiplication of offices at one post and the difficulty as regards the exequatur, it will be required that the position of Vice and Deputy should be held by the same person, unless controlling reasons be shown to the contrary.

Bond and other provisions.

R. S.. secs. 1695 and 1698.

ord.nates.

35.. The removal of competent and faithful subordinates Removals of subwithout 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. In all cases where it is practicable to do so, the offices should be filled by citizens of the United States. 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.

withdrawn.

36..The bonds of Consular Officers are, after their approval Bonds not to be by the Secretary of State, deposited with the Secretary of the Treasury. Under the rule of the Treasury Department, bonds, when so filed, cannot be withdrawn from its custody. 37.. Interpreters qualify by taking the oath of office (Form Interpreters, MarNo. 1), but are not required to give a bond. Marshals of Con- Agents. sular Courts are required, in addition to the oath of office, to execute and file in the Department of State a bond, the form

shils, and Consular

R. S, sec. 4113

Interpreters and Marshals are subordinate officers.

Vacancies to be reported.

Formalities on ap pointinent.

of which is given in Form No. 136. No bond or oath of office 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.

38.. 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.

39.. 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.

ARTICLE III.

When Entitled to Enter on the Discharge of Their
Duties.

40..On the appointment of a Consul-General, Consul, or R. S., secs. 1697, Commercial Agent, his commission is retained at the Depart

1756, 1757.

18 Stats., 67.

ment of State until the prescribed oath of office and bond have been filed and approved. As soon as the commission is issued, a notification of the appointment is at once sent to the appointee, accompanied by a blank form of the oath and bond, upon the return of which, duly executed, 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 notification also requests information as to the name of

the State or country in which the appointee was born, and as to the State from which he was appointed, and instructs him in respect to the compensation of the office and the conditions and times of its payment. In the event of the acceptance of the appointment, it is usual to require the appointee to proceed to his post within thirty days from the receipt of the notification. If a longer time in the United States is desired, satisfactory reasons must be presented to the Department of State for the request. When the appointee is out of the United States at the time of his appointment, the formalities in regard to notification and otherwise are the same as if he were in this country.

41.. 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. The Consul may, however, 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. And 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. In countries in which the United States have no Diplomatic Representatives, it is usual for the Secretary of State to request the exequatur, by a letter addressed to the Minister of Foreign Affairs, inclosing the commission and asking that it may be delivered to the Consul upon his recognition. This letter is intrusted to the Consul, with instructions to seek a proper opportunity of presenting it after his arrival in the country of his official residence.

Exequatur and authority to act.

of subordinate officers.

42..It is customary also to transmit for similar recognition 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 to receive notice of the approval of his nomination by the Department of State, and of the recognition by the Government of the country or until he receives permission from the local au