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Art. II.

Commercial

Agents.

Vice-Consuls,
Deputy Consuls,

&c.

pointed.

18..Commercial Agents are appointed by the President and qualify in like manner.

19.. Vice-Consuls-General and Vice-Consuls, and Deputy Consuls-General, and Deputy Consuls, Vice-ComBy whom ap mercial Agents, and Consular Agents are appointed by the Secretary of State, on the nomination of the priucipal Consular Officer, approved by the Consul-General; or if there be no Consul-General, then by the Minister. Vice-Consuls are also required to give bonds in the penal sum of $2,000 for the faithful performance of their duties. (See Form No. 4.) Consuls recommending appointments of this character will in all cases communicate a statement of the reasons which, in their judgment, render in each case an appointment necessary, with some evidence of the capacity, character, and fitness of the nominee for the office, and also information respecting the State or country of which he may be a citizen or subject. Before entering upon his official duties he will wait to receive notice of the sanction of the appointment by this Department, and its recognition by the government to which he is accredited, or until he receives permission from the local authori. ties to act. It is to be desired that these offices should be filled by citizens of the United States when practicable.

Art. 111.

Commission, when to issue.

ARTICLE III.

When Entitled to Enter on the Discharge of their
Duties.

20..On the appointment of a Consul-General or of a Consul, no commission is issued until the bond and oath required by law and regulation have been filed. The forms of such oath and bond are usually transmitted with the notification of appointment; and it is assumed that the laws and regulations in that respect are complied with before these instructions are issued. After the commission is signed and sealed, it is transmitted by the Department of State to the Diplomatic Representative accredited to the government within whose jurisdiction the office is situated, with instructions to obtain an exequatur. This document, when obtained,

on discharge of

the Diplomatic Representative usually transmits by Art III. post with the commission, to the Consular Officer. The Consular Officer may, however, proceed to his post and When to enter enter upon the discharge of the duties of his office on duties. obtaining the permission of the proper authorities to act until the exequatur arrives. It is customary, also, to transmit for similar recognition and authority the warrants of Vice-Consuls and Deputy Consuls, and Consular Agents.

ARTICLE IV.

The Privileges of Consular Officers under the Law of Nations.

Art. IV.

Consular privileges under Law of

21..In the absence of international agreement Consuls as such have no representative or diplomatic char- Nations. acter; have no right of exterritoriality, and cannot claim, either for themselves, their families, houses, or property, the privileges of exemption which are accorded to Diplomatic Agents.

22.. They are, however, after the granting of an exequatur, officers of a foreign state, and under the special protection of the Law of Nations. They may raise the flag and place the arms of the United States over their gates and doors. The actual papers and archives of the Consulate are exempt from seizure and detention. If they are citizens of the United States and do not hold real estate or engage in business in the country to which they are sent, they will be exempt from the performance of such personal duties toward the local government as may interfere with the performance of their Consular duties.

23..A Consul should claim to enjoy all the rights and privileges which have been allowed to his predecessors, unless a formal notice has been given that they will no longer be extended to his office or to Consuls of other states in the country in which be res des. He should also claim to enjoy all the immunities which are allowed to Consuls of other countries, unless such other Consuls are entitled to such extraordinary immunities by special treaty stipulations.

Art. V.

General consid erations.

clause.

ARTICLE V.

The Privileges and Powers of Consular Officers of the United States under Treaties and Conventions with Foreign Powers.

24..The 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 Favored nation known as "the most favored nation clause," in a treaty with the United States. This right is secured by treaties with the Argentine Confederation, Austria, Brazil, Columbia, Costa Rica, the Dominican Republic, Ecuador, Germany, Guatemala, Hawaiian Islands, Hayti, Honduras, Mexico, Nicaragua, Orange Free State, Paraguay, Persia, Portugal, Prussia, Russia, San Salvador, Spain, Swiss Confederation, and Tripoli. The Department must necessarily trust to the discretion of the Consul on the one hand not to permit his rights to be invaded with out protest, nor on the other hand to claim what he cannot maintain. If the rights thus secured by treaty are in any case invaded or violated, the Consul will at once complain to the local authorities, to the Department, and to his immediate superior. These complaints should set forth in full all the facts showing the invasion or violation.

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INVIOLABILITY OF THE ARCHIVES AND PAPERS OF THE

CONSULATE.

25..This is secured by treaties with Austria, the Argentine Republic, Bolivia, Belgium, Denmark, Dɔminican Republic, Ecuador, France, Germany, Greece, Guatemala, Hayti, Mexico, The Netherlands (as to colonies,) Orange Free State, Portugal, Salvador, Sweden and Norway, Switzerland, Muscat, and New Granada.

INVIOLABILITY OF THE CONSULAR OFFICE AND DWELL-
ING.

26..This is secured by treaties with Belgium, Bolivia, France, Germany, (of Consuls not citizens,) Italy, and Muscat; but the dwelling cannot be used as an asylum. It is agreed with Colombia that the persons and dwellings of Consuls are to be subject to the laws of the country except as specially exempted by treaty. The Consulates in Germany are not to be made asylums for the subjects of other powers.

EXEMPTION FROM ARREST.

27. By convention with Belgium and Italy, the Consul is exempted from arrest, except for crimes. By treaty with Turkey he is entitled to suitable distinction and necessary aid and protection. In Muscat he enjoys the inviolability of a diplomatic officer. In Austria and France he is to enjoy personal immunities; but, in France, if a citizen of France, or owning property there, or engaged in commerce, he can claim only the immunities of a Commercial Agent. In Austria, if engaging in business, he can be detained only for commercial debts. In Colombia the Consuls of the United States have no diplomatic character. In Great Britain, Liberia, Nicaragua and Paraguay, they are regarded as appointed for the protection of trade.

EXEMPTION FROM OBLIGATION TO APPEAR AS A WIT

NESS.

28..This is secured absolutely by convention with France: and, except for defense of persons charged with crime, by conventions with Austria, Belgium, and Italy. In such case the testimony may be taken in writing at his dwelling. If the Consul claims this privilege he should in such case offer to give his evidence in the mode prescribed by the particular convention, and should throw no impediment in the way of the proper administration of justice in the country of his official residence.

Art. V.

Of dwellings.

Exemption from

arrest.

From obligation to appear as a wit

ness.

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Use of national arms and flag.

EXEMPTION FROM TAXATION.

29.. When the Consul is not a citizen of the country in which the Consulate is situated, and does not own real estate therein, and is not engaged in business therein, he is secured against the liability to taxation by treaties or conventions with Austria, Belgium, Bolivia, Brazil, Denmark, Ecuador, Germany, Guatemala, Hayti, The Netherlands, (as to colonies,) Salvador, Colombia, and Mexico; and in Germany the official income of a Consul is not taxable; but in the Dominican Republic, the Orange Free State, Portugal, the Hawaiian Islands, Russia, and Switzerland, if they engage in business they are subject to the laws of the country.

EXEMPTION FROM MILITARY BILLETINGS OR SERVICE
AND PUBLIC SERVICE.

30..If not citizens of the country of their Consular residence or domiciled at the time of the appointment in it, the exemption from military billetings or service is secured by conventions with Austria, Belgium, France, Germany, and Italy; and the exemption from all public service is secured by treaties with Denmark, Brazil, Guatemala, San Salvador, Colombia, (New Granada,) and Mexico. In Colombia the exemption also extends to officers, secretaries, and attachés.

INFRACTION OF TREATIES.

31..The right in such case to correspond with the local authorities is secured by conventions with Austria, Belgium, Colombia, France, Germany, and Italy; and, in case the local authorities fail to give redress, and there be no Diplomatic Representative, they may apply to the Government.

THE USE OF THE NATIONAL ARMS AND FLAGS ON OF-
FICES AND DWELLINGS.

32..The right to place the national arms and the name of the Consulate on the offices is given by treaties with Austria and Germany; on their offices or dwellings by

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