115..It is provided by law that persons born out of the limits and jurisdiction of the United States, whose fathers were or shall be, at the time of their birth, citizens of the United States, shall be deemed and considered to be citizens of the United States, provided that the right of citizenship shall not descend to persons whose fathers never resided in the United States. Within the sovereignty and jurisdiction of the United States such persons are entitled to all the privileges of citizens; but while the United States may by law fix or declare the conditions constituting citizens of the country within its own territorial jurisdiction, and may confer the rights of American citizens everywhere upon persons who are not rightfully subject to the authority of any foreign country or government, it ought not, by undertaking to confer the rights of citizenship upon the subject of a foreign nation who had not come within our territory, to interfere with the just rights of such nation to the government and control of its own subjects. If, by the laws of the country of their birth, children of American citizens born in such a country are subjects of its government, the legislation of the United States will not be construed so as to interfere with the allegiance which they owe to the country of their birth while they continue within its territory. If, therefore, such a person, who remains a resident in the country of his or her birth, applies for a passport as a citizen of the United States, such passport will be issued in the qualified form shown in Form No. 11.

116..It is further provided by law that any woman who might lawfully be naturalized under the existing laws, married, or who shall be married, to a citizen of the United States, shall be deemed and taken to be a citizen. The recognition of this citizenship will be subject to the qualification above referred to.

117.. 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

Art. XI.

Statute of 1855.

Protection in oriental countries.

Art. XI.

Art. XII.

Duty of master on arrival in port.

What is an arri val.

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.

ARTICLE XII,

Reciprocal Duties of Consular Officers and Masters of American Vessels, including the Duties under the Shipping-Act.

118..Every master of an American vessel shall, on his 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.

119..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 Consul in any respect, cannot be said to make an arrival at that port within the meaning of the law.

120.. 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.

121.. 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. 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 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 Consul 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.

122.. 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 Consul, on receiving such papers, shall give a certificate of the fact, (see Form 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.

Art. XII.

Duty of Consul

When ship's papers to be re

123.. Whenever the master shall produce the clearance of his vessel from the proper officer of the port, turned. and shall pay the fees due to the Consular Officer for his services, and shall pay to him three months' pay additional to wages due, for every seaman discharged at his port, and shall 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 Consul. On return of certificate, as in Form No. 13, there should be given with the papers a new certificate, as in Form No. 14.

124.. Until all these provisions of law are complied with, the Consul may retain the papers, although the clearance may be regular and in due form.

Art. XII.

Consular fees.

Hospital dues on sale of vessel.

Shipping act of 1872.

125.. It is the duty of every master and commander of a 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 or Commercial Agency, 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.

126..In case of a sale or transfer of any vessel of the United States, in any foreign port or water, it is made the duty of the Consul, by law, to collect of the master or agent of the vessel, for hospital duty, 40 cents per month for each seaman employed on the vessel, from the date of its last entry into any port of the United States, as payment of hospital dues there, and to return the same to the Fifth Auditor of the Treasury, at the same time with the account required to be rendered quarterly to the same office for relief and protection of American seamen. (See Form 125 for the mode of making this return.) The Consul may retain the papers of the vessel until this sum is paid.

127..Every master of a merchant-ship of the United States engaging a seaman at a place out of the United States in which there is a Consular Officer or Commercial Agent is required by law to procure the sanction of such officer, and to engage the seaman before him. The agreement is to be made as shown in Form 15, and must be signed in duplicate by the master before any seaman signs. Each seaman must sign in duplicate in presence

of the Consular Officer or Commercial Agent, and such officer or agent shall indorse upon the agreement his sanction thereof and an attestation to the effect that the same has been signed in his presence, and made as required by law. (Form 16.)

ARTICLE XIII.

Discharge, Relief, and Return of Seamen. 128.. All seamen regularly shipped in American vessels are to be regarded as American seamen, within the provision of law, and the other acts making provision for the discharge and relief of seamen. The statute also provides that every foreigner who has filed his declaration of intention to become a citizen of the United States shall, for all purposes of protection as an American citizen, be deemed such after the filing of his declaration of intention to become such citizen; and that every person (apprentices excepted) who shall be employed or engaged to serve in any capacity on board any ship belonging to any citizen of the United States shall be deemed and taken to be a seaman within the meaning and purposes of that act.

DISCHARGE OF SEAMEN.

Art. XII.

Art. XIII.

Who are American seamen,

men.

129..A master of a vessel of the United States, Discharge of seaclearing from one of its ports, assumes the responsibility of returning all the ship's company to the United States, or of accounting for them in the manner required by law.

130..It is in the power of a Consul in a foreign port to relieve the master of this responsibility only in the manner authorized by law.

131.. The statutory authority of the Consul to act in this respect is limited to-1st. The sale in a foreign country of a ship or vessel belonging to a citizen of the United States. 2d. The discharge, with his own consent, of a seaman or mariner, being a citizen of the United States. 3d. A discharge after a survey of the vessel, and finding the same unseaworthy.

When it may be done.