When appointed Vice-Consul. 65.. Consular Clerks are not unfrequently appointed ViceConsuls-General, Vice-Consuls, and Vice-Commercial Agents, and such appointments are encouraged by the Department of State. When acting in this character they are entitled to the compensation of a Vice-Consular Officer, but not in addition to the salary of Consular Clerk. They may, in such cases, elect which of the two compensations they will take. 66.. Annual salaries have been provided by law for InterAct of June 11, preters at the following Consulates, viz: Shanghai, $2,000; Kanagawa, Foochow, and Tien-Tsin $1,500 each; Amoy, Canton, Hankow, and Hong-Kong, $750 each; and a salary at the rate of $500 is appropriated for twelve other Consulates in China, Japan, and Siam. These salaries are provided for yearly in the appropriation act, and are subject to such changes as may from time to time be made by Congress. Compensation of Interpreter. 1874. Expenses of interpretation. Compensation of Marshe. R. S., sec. 4111. Constables. Office Clerks. 67.. An appropriation is also annually made for the expenses of interpretation at Cairo, Constantinople, Beirut, Jerusalem, and Smyrna. The allowance from this appropriation to each of those Consulates is fixed by the Secretary of State, and is. when the fees are not sufficient, paid by a draft on that officer. 68..Annual salaries at a rate not exceeding $1,000 are likewise appropriated by Congress for seven Marshals at Consular Courts. Of these officers, one each is stationed at Amoy, Foochow, Hankow, and Tien-Tsin, in China, and one each at Kanagawa, Constantinople, and Nagasaki. 69.. At certain of the Consulates in China, Japan, Siam, and Turkey, an allowance has also been provided for the hire of constables, but no salary has been fixed by law. The expense of their employment, if the fees are not sufficient, is paid by draft on the Secretary of State. 70..Office clerks, except those at the places mentioned in paragraph 24, receive no compensation from the Government, and, if employed, are to be paid by the principal Officer. The selection and removal of such clerks are left to the Consul, but it is desirable that the name and nationality of each clerk should be reported to the Department of State. When an allowance for clerk-hire has been provided for a Consulate, the account therefor should be rendered as a separate account to the Department of State by the principal Officer, or by the Vice-Consular Officer if in charge of the Consulate. If it is necessary to draw for the amount, or for any part of it, the draft should be a separate draft drawn upon the Secretary of State. allowed. 71.. No Consular Officer is permitted to receive any addi- No commissions tional compensation, directly or indirectly, by way of commission or otherwise, for receiving or disbursing the wages or extra wages of seamen, or for advances made to them; nor is he allowed to derive any profit from, or be interested in, the supplies of any kind furnished to seamen, or in the compensation allowed for their transportation to the United States. In the latter case, however, if a Consular Officer is the owner of, or is otherwise interested in, the vessel bringing the seamen home, he is not prohibited from receiving such reasonable compensation as may be provided by law for the transportation. 72..The compensation provided by law for the several grades of Consular Officers is in full for all services they may be required to perform, and for all personal expenses that may be incurred under whatever law, treaty, or instructions the services may be performed. No extra compensation. R. S., sec. 1743. paid. 73.. Consuls who are compensated by salaries appropriated Salaries, how annually by Congress are authorized to pay themselves from the fees they may collect, if these shall be sufficient for the purpose. If not sufficient, a draft may be drawn at the end of each quarter for the deficiency, or for the whole quarter's salary, as the case may be In all cases drafts for salary should be drawn upon the Secretary of the Treasury. 74.. It is the custom in like manner for the principal Officer to pay the salaries of Consular Clerks, Marshals, and Interpreters from the fees at the post at which they may be stationed. If these shall not be sufficient, a draft may be drawn as for other salaries. ARTICLE V. The Privileges and Powers of Consular Officers Under the Law of Nations. leges under Law of 75.. In the early middle ages, and before the establishment Consular privi of more or less permanent Legations, Consuls appear to have Nations. enjoyed the right of exterritoriality, and the privileges and Ground and extent of authority. General privileges and rights. immunities now accorded to Diplomatic Representatives. In non-Christian and semi-civilized countries these privileges have, to a large degree, been preserved to them, and they have the sanction both of treaty and usage. Upon the establishment of Legations, however, the exemptions and immunities granted to Consuls came to be regarded as a limitation of the territorial rights of the sovereign, and they have in the process of time been restricted to such as are necessarily incident to the Consular office, or have been provided for by treaty, or are supported by long-established custom, or the particular laws of the place. A Consular Officer in civilized countries now has, under public law, no acknowledged representative or diplomatic character as regards the country to which he is accredited. He has, however, a certain representative character as affecting the commercial interests of the country from which he receives his appointment; and there may be circumstances, as, for example, in the absence of a Diplomatic Representative, which, apart from usage, make it proper for him to address the local government upon subjects which relate to the duties and rights of his office, and which are usually dealt with through a Legation. 76..Although Consuls have no right to claim the privileges and immunities of Diplomatic Representatives, they are under the special protection of international law, and are regarded as the Officers both of the State which appoints and the State which receives them. The extent of their authority is derived from their commission and their exequatur; and it is believed that the granting of the latter instrument, without express restrictions, confers upon the Consul all rights and privileges necessary to the performance of the duties of the Consular Office; and, generally, a Consul may claim for himself and his office not only such rights and privileges as have been concededy treaty, but also such as have the sanction of custom and local law, and have been enjoyed by his predecessors or by Consuls of other nations, unless a formal notice has been given that they will not be extended to him. 77..A Consul may place the arms of his Government over his doors. Permission to display the national flag is not a T ་ matter of right, though it is usually accorded, and it is often provided for by treaty. He may claim inviolability for the archives and official property of his office, and their exemption from seizure or examination. He is protected from the billeting of soldiers in the Consular residence, and he may claim exemption from service on juries and in the militia, and from other public duties. It is probable, however, that all these privileges could not be claimed for subordinate officers, especially for those who are citizens or subjects of the foreign State. The jurisdiction allowed to Consuls in civilized countries over disputes between their countrymen is voluntary and in the nature of arbitration, and it relates more especially to matters of trade and commerce. A Consul is, however, under public law, subject to the payment of taxes and municipal imposts and duties on his property in the country or on his trade, and generally to the civil and criminal jurisdiction of the country in which he resides. It is probable, if he does not engage in business, and does not own real estate, that he would not be subject to arrrest or incarceration except on a criminal charge, and in the case of the commission of a crime he may either be punished by the local laws or sent back to his own country. In the absence of a Diplomatic Representative, a Consul doubtless has the right of access to the authorities of the State in all matters appertaining to his office. 78.. The privileges of a Consul who engages in business Trading Consuls. in the country of his official residence are, under international law, more restricted, especially if he is a subject or citizen of the foreign State. If his exequatur has been granted without limitations, he may claim the privileges and exemptions that are necessary to the performance of the duties of the office; but in all that concerns his personal status or his status as a merchant, it is doubtful that he can claim any rights or privileges not conceded to other subjects or citizens of the State. countries. 79..In Mahometan and semi-civilized countries, the rights In Mahometan of exterritoriality have been largely preserved, and have and semi-civilized generally been confirmed by treaties to Consular Officers. To a great degree they enjoy the immunities of Diplomatic Representatives, besides certain prerogatives of jurisdiction, together with the right of worship, and, to some extent, the right of asylum. 80..These immunities extend to an exemption from both the civil and criminal jurisdiction of the country to which they are sent, and protect their household and the effects covered by the Consular residence. Their personal property is exempt from taxation, though it may be otherwise with real estate or movables not connected with the Consulate. Generally they are exempt from all personal impositions that arise from the character or quality of a subject or citizen of the country. 81.. The Consular jurisdiction in these countries is both civil and criminal, and has in most cases been provided for by the stipulations of treaties. The extent of its exercise, as well as the penalties and punishments to be enforced, depend generally upon the laws of his own country to the exclusion of the jurisdiction of all local tribunals. 82. Consuls have no claim, under international law, to any foreign ceremonial, and no right of precedence except among themselves, and in their relation to the military and naval officers of their own country. This precedence, as to Officers of the same grade in the Consular Body of the place, depends upon the date of the respective exequaturs. ARTICLE VI. The Privileges and Powers of Consular Officers of the 83..Consuls must bear in mind that in the following abstract it is impossible to do more than allude in a general way to the rights and privileges secured by treaties. The several Consular treaties and conventions with other Powers may be found in Appendix No. 1, and in each case the Consul must look there for more detailed information. It is also possible that more extended rights may have been granted to Consuls of other nations, and that the officers of the United States may be entitled to claim them under the clause known as "the most favored nation clause," in a treaty with the United States. This right is secured by treaties with |