Protection in Oriental countries. Protection of foreign subjects in certain cases. recognition of this citizenship will be subject to the qualification above referred to. 175..Abuses which have heretofore occurred in granting protection from the local authorities in eastern countries, and especially in the Turkish dominions, to persons who, in the opinion of this Department, had no claim thereto, render it advisable that the Legations and Consulates in that quarter should, once in six months, report the number, names, and occupations of the persons to whom, during the six months preceding, such protection may have been given, or by whom it may have been claimed. Such report will in future be expected to be made at the beginning of every January and July. It is believed that sound policy dictates the utmost scrutiny and caution in extending the protection of this Government to any persons abroad who may not be citizens of the United States. Should that policy be adopted and scrupulously adhered to, those to whom protection may really be due may expect it to be efficient. Such protections should in no event be issued to aliens who are not actually in discharge of official duty under the direction of the respective Consuls, or employed in their domestic service. In no case should they be granted where they will operate to screen the holder from prosecution for offenses against the laws of the country, or where reasonable ground exists for objection by the Government. No instrument in the nature of a passport should be issued to persons thus protected; it will be sufficient to grant, when necessary, a Consular certificate setting forth the relation and duties in connection with the Consulate. 176.. Requests have occasionally been made upon the Government of the United States to permit its Diplomatic and Consular Officers to extend their protection to citizens or subjects of a foreign government who may desire it and who may be sojourning at places where there are no Diplomatic or Consular Representatives of that government. This Government has from time to time, upon the request of friendly powers, given to its Diplomatic and Consular Officers authority to take upon themselves, with the consent of the government within whose jurisdiction they reside, the function of representing those powers at places where the latter had no such officers. It 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 is alone responsible for his acts in relation thereto. He does not, however, for this purpose become a Diplomatic or Consular Officer of the foreign government. ARTICLE XII. Reciprocal Duties of Consular Officers and Masters of papers. 177.. Every master of an American vessel shall, on his Deposit of ship's arrival at a foreign port, deposit his register, sea-letter, and mediterranean passport with the Consular Officer of the United States, if there be one at the port, under a penalty of five hundred dollars, which the Consular Officer may recover in his own name for the use of the United States. The statute formality requires this, but it is understood that vessels do not now usually carry sea-letters and mediterranean passports. It is usual, however, to provide whaling-vessels with sea-letters. It is usual to deposit with the Consular Officer also the crew-list and shipping-articles, and these documents, together with the register, are generally described as "ship's papers." This requirement applies to American or foreign-built ships purchased abroad and wholly owned by American citizens, in the same manner as to regularly documented vessels. Arrival defined. Ib., 72. 178.. To constitute an arrival within the intent of the law, it is necessary that it should be such an one as involves 390; 9 16., 256; 11 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 When a vessel arrives at a port not late. may remain or intend to remain, or of the particular business to be transacted there. 179.. A vessel arriving within a Consular district, although that of the Consu- at some port other than that at which the Consular office is situated, makes an "arrival" in such sense as to require a deposit of the vessel's papers and to subject her to the Consular jurisdiction, if the port at which she actually enters is within reasonable distance from the Consulate and the communication between the two ports is not difficult. Case of vessel running regular trips. R. S., ser. 1720. R. S., secs. 1722 and 4222. 9 Howard, 372. 180..The provisions of section 1720 of the Revised Statutes in regard to American vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, do not affect the duties of masters respecting the deposit of the ship's papers. These must be lodged with the Consular Officer as in other cases. The tonnage fees due from such vessels are usually collected by the Consular Officer at the principal port on the route, or at the foreign port where the general offices of the owners of the ships or of the steamship company are established. These fees are, however, collectable only at one port on the route and on the first four trips of the calendar year; but such vessels are not exempt from the requirement of the deposit of their papers at the Consulate at every port at which they may touch on the trip, nor from the payment of all Consular fees other than tonnage fees. 181.. These provisions respecting tonnage and other fees and the deposit of a ship's papers apply to American or foreign-built vessels purchased abroad and wholly owned by citizens of the United States, in the same manner as to regularly documented vessels. American vessels touching at Canadian ports are also not required to pay tonnage fees; nor are these fees to be collected from such vessels touching at or near ports in Canada, on their regular voyages from one port to another within the United States, unless some official services, required by law, shall be performed by the Consular Officer. 182..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, cannot 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 afterward made or Consular services required. Officer. 183.. It is the duty of a Consular Officer on the arrival of Duty of Consular 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. If he fail to comply, a certificate of the fact, under the Consular seal (see 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 a 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. kept. 184.. When the ship's papers are received, they are to be Papers to be safely 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 (see 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. When Consul 185.. Whenever the master shall produce the clearance of his vessel from the proper officer of the port, and shall may return papers, pay the fees due to the Consular Officer for his services, and shall pay to him the arrears of wages and the extra wages that may be due under the law and these regulations, for every seaman discharged at his port, and shall, if bound to some port of the United States direct, take on board, at the request of the Consular Officer, such destitute mariners as shall be designated by him for transportation to the United States, then he shall be entitled to the return of all the ship's papers deposited with the Consular Officer. On return of Ship's papers to be sent to Depart ment. Consular fees to be paid. certificate, as in Form No. 13, there should be given with the papers a new certificate, as in Form No. 14. 186.. 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. And, generally, a Consular Officer may refuse to deliver up a vessel's papers, until all his lawful official demands, whether for fees, wages, extra wages, or otherwise, have been complied with. He has no authority, however, to withhold a ship's papers to compel the payment of the demands of creditors against the vessel. 187.. 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, and with a copy of the account of all fees or dues chargeable to the vessel. 188..It is the duty of every master and commander of a R. S., sec. 1718. ship or vessel of the United States, whenever he shall have 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 fee shall be allowed by the rates or tariffs of fees as prescribed by regulation, to apply to such one of the said officers as may then be officially residing at the Consulate, if any there be, where such service shall be required, to perform such service; and the said master or commander shall pay to the Consular Officer such fees as shall be allowed for such service by the tariff of fees prescribed by the President; and if any such master or commander shall omit so to do, he shall be liable to the United States for the amount of the fees lawfully chargeable for such services, as though the said services had been performed by such officer. In case of the omission to do so, the Consular Officer is authorized and required to retain the papers of the vessel deposited with him. Hospital dues. R. S., secs. 4585, 4586. 189..It is provided by law that whenever a sale or transfer of any vessel of the United States is made in a foreign port or water, the Consular Officer of the United States within whose Consulate or district the sale or transfer is |