Ms. Dept of State. Over civil cases. to their offense, following, in this respect, the usage observed toward other Franks; but, in consequence of a disagreement as to the true text of the treaty, Consuls in the Ottoman Dominions are instructed to take the directions of the Minister of the United States at Constantinople in all cases before assuming to exercise jurisdiction over criminal offenses. 99.. In China and Japan the question of the judicial authority of Consuls of the United States over persons serving on American vessels has been construed as authorizing Consular Officers to assume jurisdiction where offenses are committed on shore by foreigners serving on board American merchant vessels, when such foreigners are citizens or subjects of countries having no treaty engagements upon the subject with China and Japan, or when, being subjects or citizens of treaty powers, their own Consuls decline to assume jurisdiction. Under other circumstances a Consul of the United States in China cannot entertain a criminal charge against a citizen or subject of another power. 100.. Seamen serving on board public vessels of the United States, who have committed offenses on shore in Japan and China, are held to be subject to the jurisdiction of the Consul of the country under whose flag they are serving. CIVIL JURISDICTION. 101..Jurisdiction over civil disputes is conferred by treaties with Borneo, China, Japan, Ottoman Porte, Madagascar, Siam, Morocco, Muscat, Persia, Tripoli, Tunis, and the Samoan Islands. This jurisdiction is exclusive in disputes between citizens of the United States. In Persia suits and disputes between Persian subjects and American citizens are to be heard before the Persian tribunal where the Consul is located, and in the presence of an employé of the Consul. In Japan it extends to claims of Japanese against Americans. In China, Siam, and Samoa the jurisdiction is joint in controversies between Americans and Chinese, Siamese, or Samoans. In Madagascar the exclusive jurisdiction extends to disputes between citizens of the United States and subjects of Madagascar. In Turkey there can be no hearing in a dispute between Turks and Americans unless the dragoman of the Consulate is present. ARTICLE VII. Relations of Consular Officers to the Diplomatic Representatives of the United States. Relations of Con suls-General to Con 102..The several Consuls-General herein before referred to (paragraphs 4, 6, 7, and 8) as having supervisory powers are suls. to be regarded as the immediate official superiors of the Consuls whose correspondence with the Department is directed to be conducted through them. 103.. These Consuls-General will exercise, respectively, to the extent herein provided, the supervisory powers over the Consuls and Consulates within their respective jurisdictions which in other cases are vested in the Diplomatic Representatives of the United States. 104.. The several Consuls subordinate to them, respectively, will not correspond officially with the Diplomatic Representatives of the United States in those respective countries, unless in reply to communications or inquiries from them, but will make all their representations through their respective Consulates-General. Representatives and appointments 105. In their turn these Consuls-General will maintain To Diplomat the relations to the respective Ministers to those countries where they reside that Consuls do to Diplomatic Representatives in other countries. The Consul-General in Cuba is, however, directly responsible to the Department of State. 106. Requests for leaves of absence, or for the appoint- Leaves of absence ment of Vice or Deputy Consuls or of any of the subordinate in certain countries officers mentioned in paragraphs 22, 23, and 32, by principal Consular Officers in Austria-Hungary, China, France (except the colonies, but including Algiers), Germany, the United Kingdom of Great Britain (except the colonies), the Dominion of Canada (except British Columbia and Manitoba), Hayti, Italy, Japan, Russia, Cuba, and Turkey, must be accompanied by the written approval of the proper ConsulGeneral therefor. The principal Consular Officers in Brazil and the Australasian Colonies will follow, as to such requests, the instructions of paragraph 4 as to their correspondence. 107.. Similar requests from principal Officers in the Ar- Similar requests gentine Confederation, Belgium, Bolivia, Chili, Costa Rica, Denmark (except the colonies), Guatemala, Hawaiian Isl in other countries. In other countries. In other countries. Instructions when new offices are es tablished. Requests, how addressed. ands, Honduras, Netherlands (except the colonies), Nicaragua Peru, Portugal and dependencies (except St. Paul de Loanda), Roumania, Salvador, Spain (except the colonies), Sweden and Norway, Switzerland, Uruguay, and Venezuela must be accompanied by the written approval of the Diplomatic Representative of the United States resident in the country. 108..In Colombia, Liberia, and Mexico similar requests should be addressed directly to the Department of State; but on the receipt of notice of the granting of a leave of absence the Consular Officer will promptly inform the Diplomatic Representative (and in Mexico, the Consul-General) of the contemplated date of departure and of the name of the subordinate left in charge of the office. 109.. Principal Consular Officers in British Columbia, Manitoba, and in all British dependencies (except as hereinbefore provided for), the Canary Islands, Curaçoa, Dutch Guiana, Ecuador, Fiji Islands, the French dependencies (except Algeria), Greece, Java, Madagascar, Muscat, Philippine Islands, Porto Rico, Samoan Islands, San Domingo, St. Martin's, St. Thomas, St. Paul de Loanda, Siam, Society Islands, and Sumatra will address similar requests directly to the Department of State. 110..In case of the establishment of new Consulates or Commercial Agencies in countries where there is no Legation or Consulate-General of the United States, the appointees may expect to receive instructions as to the manner of addressing and transmitting their correspondence and requests for leaves of absence and the appointments of subordinate officers. In countries, however, where there is a Legation or a Consulate-General, such new appointees will, in the absence of special instructions, be governed in these respects by the foregoing regulations. 111.. In all cases requests for leaves of absence and for the appointment of subordinate officers, whether submitted to a Diplomatic Representative or a Consul-General, or sent directly to the Department, should be addressed to the proper Assistant Secretary of State, in accordance with the instructions of paragraph 148. Both delay and inconvenience have been caused by addressing them to the superior office in the country of official residence. matic Representa 112..The Diplomatic Representatives in countries where Duties of Diplo there is no Consul-General with supervisory powers will tives. continue, as heretofore, to exercise a general supervision of the Consular Offices within their respective jurisdictions. And, generally, these Representatives will maintain such correspondence with Consular Officers in the countries to which they are accredited as they may deem conducive to the public interest. It will be the duty of Consular Officers to endeavor in all cases to comply with the requests and wishes of their superiors. ap Subordinate pointments by Disentatives. 113.. In case a vacancy occurs in the offices both of Consul and Vice-Consul, which requires the appointment of a per-plomatic Repre son to perform temporarily the duties of the Consulate, the Diplomatic Representative has authority to make such appointment, with the consent of the foreign government and in conformity to law and these regulations, immediate notice being given to the Department of State. In those countries, however, where there are Consuls-General, to whom the nominations of subordinate officers are required to be submitted for approval, the authority to make such temporary appointments is lodged with them. Immediate notice should be given to the Diplomatic Representative of the proposed appointment, and, if it can be done within a reasonable time, he should be consulted before the appointment is made. If such a vacancy should occur in a Consulate-General, the temporary appointment will be made by the Diplomatic Representative. Title of such ap 114.. It is desirable that the appointees to such vacancies should be designated by the title of Vice-Consul or Vice-Com- pointees. mercial Agent, as the case may be, instead of acting Consul or acting Commercial Agent, and that they should qualify for the office by filing a proper bond in the Department of State, in the manner prescribed for such Officers (paragraph 34). The nomination for the temporary appointment of an Interpreter or Marshal to a Consulate, in the case of a vacancy, should be made by the Consul, or by the Vice-Consul if he is in charge, with the approval of the Consul-General, if there be one having supervisory powers; otherwise, with the approval of the Diplomatic Representative. 115.. Occasions may arise in which the official or personal conduct of a Consul or Commercial Agent is of a character that makes it desirable and proper, in the interests of good service, that he should at once be suspended from his functions. Under the general supervisory authority conferred upon a Diplomatic Representative, this power may be exercised so far as to suspend temporarily an Officer until the decision of the Department of State can be made known. Such an extreme measure, however, should be resorted to only in cases of grave misconduct or criminality, and in no case when the reasons deemed to justify it can be promptly communicated to the Department. ARTICLE VIII. Relations of Consular Officers to Naval Officers of the 116.. When a squadron visits a port where there is a Consular Officer, it will be the duty of the Commander of the Squadron to send a boat on shore, with an officer on board, who shall visit the Consul General, Consul, or Commercial Agent, and tender him a passage to the ship. 117.. It will then be the duty of the Consul General, Consul, or Commercial Agent to accept the invitation and visit the flag-ship, and tender his official services to the Commander. He will be entitled once while the vessel is in port to a salute of nine guns, if a Consul-General, and of seven guns if a Consul, and of five guns if a Commercial Agent, which may be fired either while he is on board (which is unusual) or while he is being conveyed from the vessel to the shore; in the latter case he will face the vessel, and at the end of the salute acknowledge it by raising his hat. 118..It is the duty of the Commander of an American ship of war, not a Commander of a Squadron or in chief, to pay the first visit in person to a Consul-General, and to offer him a passage to the ship. 119.. If the Consular Officer be of the grade of Consul or a Commercial Agent, or lower, a boat will be sent (on arrival of the vessel in port) with an officer to visit him, and |