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it is necessary for the public interest, he may authorize any consulgeneral at large to suspend the consul or consul-general, and administer the office in his stead for a period not exceeding ninety days." And the consul-general at large in question may also “ suspend any vice or deputy consular officer or clerk in said office during the period a foresaid.”

Act of April 5, 1906, sections 3 and 4., This act takes effect on June 30, 1906.


§ 697.

Consuls-general and consuls are appointed by the President, by and with the advice and consent of the Senate. (Const., Art. II., sec. 2.) Commercial agents were appointed directly by the President.

Consular Regulations of the United States (1896), $ 31, p. 12.

The reform of the consular service, as organized under the act of 1856, has been recommended in various messages of the President, as well as in reports of committees of Congress. The provisions of the act of April 5, 1906, entitled "An act to provide for the reorganization of the consular service of the United States," are given at their appropriate places in this chapter.

By an executive order of Sept. 20, 1895, provision was made for the examination of applicants for certain consular positions, with a view to test their competency and fitness.

President Cleveland, annual messages, Dec. 6, 1886, Dec. 3, 1888, and Dec.

7, 1896 ; President Roosevelt, annual message, Dec. 3, 1901 ; report of
Mr. Olney, Sec. of State, to the President, Dec. 7, 1896, For. Rel. 1896,
XC. ; report of Mr. Lodge, Com. on For. Rel., May 3, 1900, Senate
Report 1202, 56 Cong. 1 sess. ; reports of Mr. Adams, Com. on For.
Aff., March 8 and May 21, 1900, House Report 562, 56 Cong. 1 sess.,

parts 1 and 2.
As to the consular service in China, with information in regard to the

consular establishments of other powers as well as of the United States, see despatch of Mr. John Russell Young, min. to China, No. 561, Nov. 28, 1884, MS. Desp. from China.

An appropriation by Congress for the salary of a consul at a particular place, where there has previously been only a consular agency, is sufficient authority for the appointment by the President of a consul there.

Sampson v. United States, 30 Ct. Ci. 305.

“ Vice-consuls-general, deputy consuls-general, vice-consuls, deputy consuls, vice-commercial agents, and consular agents are appointed by the Secretary of State, usually upon the nomination of the principal consular officer. The privilege of making such nominations must not be construed to limit the authority of the Secretary of State to appoint these officers without such previous nomination by the principal officer. The statutory power in this respect is reserved, and it will be exercised in all cases in which the interests of the service or other public reasons may be deemed to require it.—R. S., sec. 1695; 15 C. Cls. R. 64."

Consular Regulations of the United States (1896), $ 39, p. 15.
As to other conditions, see id. $ 40 et seq.
Formerly consular agents were appointed by the consuls, and were not

considered as being, in a strict sense, consular officers of the United
States. “ Consuls of the United States," said Mr. Forsyth,“ have no
right to appoint vice-consuls, and the consular agents which they are
authorized to constitute

are not regarded as officers of the government or as entitled to any privileges or immunities from the governments within whose territories they may exist." (Mr. Forsyth, Sec. of State, to Mr. Morelli, June 20, 1837; MS. Notes to Italy, VI.

28. See same to same, Nov. 16, 1836, id. 29.) "A consular agent, as you are aware, is not, strictly speaking, a United

States officer, being merely the agent of the consul from whom he receives his appointment, though, pursuant to a regulation here long established, the consuls must report the names of the agents whom they appoint to this Department for approval. This government does not ask the foreign government within whose territory they reside to receive and recognize them as its officers or agents. They are not entitled to a consular flag, and may not use any insignia

of office contrary to the laws of the country where they are. " It was Mr. Webster's opinion that the consuls of the United States

have no authority to appoint vice-consuls, they being expressly
instructed to appoint consular agents at such places within their
consular jurisdiction as they may deem necessary; and also that
a 'consular agent stands in the same relation that any citizen
would hold under similar circumstances, and it is as a citizen of
the United States only that he can be considered, and not as an
officer acting under the authority of the United States.'” (Mr.
Hunter, Assist. Sec. of State, to Mr. Everett, May 28, 1855, 44 MS.

Dom. Let. 89.)
In 1856 the appointment of these agents was, by statute (R. S. & 1695),

transferred to the President, and they were thenceforth included in
the denomination of "consular officers." (R. S. $ 1674.) Consular
agents are still held, however, by the courts to be agents of their
supervising consuls (Gould 1. Staples, 9 Fed. Rep. 159), and are
said to be not technically officers of the United States by First
Comptroller Lawrence. (4 Lawrence, First Compt. Decisions, 88.)
But recognition of them is now uniformly requested. (Consular
Regulations, $ 42.)

Under the act of 18th August, 1856 (11 Stat. 56; Rev. Stat. $ 1738), which provides that “no consular officer shall exercise diplomatic


in any case, unless expressly authorized by the President so to do,” a retiring minister can not install a consul in charge of the legation, nor can the consul receive the pay provided by law for a chargé d'affaires.

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Under Revised Statutes, secs. 1695, 1703, authorizing the President to provide for the appointment of vice-consuls, vice-commercial agents, etc., and to fix their compensation, and under the Consular Regulations of 1888, secs. 36, 87, it is proper to appoint a vice-consulgeneral when the consul-general is sick and unable to discharge his duties, and a vice-consul previously appointed has not qualified but is absent from the country.

United States v. Eaton, 169 U. S. 331, 18 S. Ct. 374.

Under Consular Regulations of 1888, sec. 87, authorizing “ the diplomatic representative ” to appoint a vice-consul in case of emergency, the minister of the United States in Siam, who is also consulgeneral, may, on becoming ill so as to be disqualified from discharging his duties, appoint a vice-consul-general, and the fact that he is unable to perform the duties of the office of minister resident does not deprive him of the power in that capacity to make an emergency appointment.

United States v. Eaton, 169 U. S. 331, 18 S. Ct. 374.

In case of emergency or in the absence of the consular agent on leave, the principal consular officer may designate, with the approval of the Department of State, a suitable person to perform the duties under the title of consular agent.

Consular Regulations of the United States (1896), $ 21, p. 9.
See, also, Mr. Porter, Act. Sec. of State, to Tevfik Pasha, Turkish min.,

Oct. 4, 1886, MS. Notes to Turkey, I. 465.

By the act of April 5, 1906, for the reorganization of the consular service, consuls general are divided into seven classes, according to salary, and consuls into nine classes. And it is further provided that “the offices of vice-consuls-general, deputy consuls-general, viceconsuls, and deputy consuls shall be filled by appointment as heretofore, except that whenever, in his judgment the good of the service requires it, consuls may be designated by the President without thereby changing their classification to act for a period not to exceed one year as vice-consuls-generals, deputy consuls-general, viceconsuls, and deputy consuls; and when so acting they shall not be deemed to have vacated their offices as consuls.” It is also provided that " consular agents may be appointed, when necessary, as heretofore;” and that “the grade of commercial agent is abolished.”

Act of April 5, 1906, sections 2 and 3.
As to inspectors of consulates, see supra, $ 696.
The act provides that the provisions of law relating to the official bonds

of consuls-general, and the provisions of sections 1734, 1735, and 1736,
R. S., shall apply to the inspectors of consulates or consuls-general
at large.

Mr. Hay, Secretary of State, sent to Governor Foster, of Louisiana, July 27, 1899, the following telegram: “In view of the absence of the Italian consul from his post at New Orleans, the Italian Government has provisionally appointed Marquis Camillo Romano, second secretary of the embassy, to be gerant of the consulate. He has been recognized in that capacity by direction of the President. I have the honor to advise you thereof, and at the request of the Italian chargé to ask that Signor Romano be accorded due recognition and all possible consideration by the authorities of Louisiana.”

For. Rel. 1899, 444, 445.

“If Congress should think proper to appoint consuls, we are

humbly of opinion, that the choice will fall most Question of citi- justly, as well as naturally, on Americans, who are, zenship.

in our opinion, better qualified for this business than any others; and the reputation of such an office, together with a moderate commission on the business they may transact, and the advantages to be derived from trade, will be a sufficient inducement to undertake it, and a sufficient reward for discharging the duties of it."

Messrs. Franklin, Lee, and Adams, to the President of Congress, July 20,

1778, 7 John Adams's Works, 20. See, also, id. 209. In the consular and diplomatic appropriation act approved February 25,

1885, there is the following clause :“For consular officers not citizens of the United States, six thousand dol

lars." (23 Stat. 330.) This item is also found in the consular and diplomatic act of July 1,

1886 (24 Stat. 115), and subsequent acts. It is intended to cover salaries of vice-consuls who are not United States citizens. In August, 1886, it was said that there was not a single alien appointed to a salaried consulate, though there were several cases of such ap

pointments at small feed consulates and commercial agencies. The objections to the appointment of merchants as consuls are noticed in

6 Hunt's Merch. Mag. 301 ; 10 id. 447; 12 id. 211; 16 De Bow's Rev. 12. The objections to the appointment of aliens as consuls are stated with

much force in 12 Hunt's Mag. 211.

“ With respect to your inquiries on the subject of consuls, viceconsuls, and agents, you will observe that the system of the United States is different from that of other nations. We appoint only native citizens consuls. Where a port is important enough to merit a consular appointment, if there is a deserving native there, he is named consul; if none, we name a merchant of the place vice-consul, notifying him that whenever a citizen settles there he will be named consul, and that during his residence the functions of the vice-consul will cease, but revive again on his departure; in the meantime the vice-consul of one port and its vicinities has no dependence on the consul of another; each acts independently in his department, which extends to all places within the same allegiance nearer to him than to any other consul or vice-consul. Each may appoint agents within their department who are to correspond with themselves.”

Mr. Jefferson, Sec. of State, to Mr. Johnson, consul, Aug. 29, 1791, MS.

Inst. U. States Ministers, I. 86.

“ It has been the general and almost invariable rule of this government to appoint in preference a native American citizen to every congular office abroad; when a person bearing that character, suitably qualified for the office, was also desirous of obtaining it."

Mr. Adams, Sec. of State, to Mr. Hill, consul at Rio de Janeiro, April 30,

1819, 2 MS. Desp. to Consuls, 159.

"From the nature, variety, and importance of consular duties, and their bearing on the commercial interests of nations, consuls ought always to be citizens of the country which they represent. Accordingly Vattel (Book 2, cap. 2, sec. 34) declares that the functions of a consul require, in the first place, that he should be not a subject of the state where he resides, as, in this case, he would be obliged in all things to conform to its orders, and thus not be at liberty to acquit himself of the duties of his office.' Chitty, in his Commercial Law (vol. 1, page 48), adopts the same principle. It is true he proceeds to say: ‘But, contrary to this principal, it is not unusual to appoint a native of the foreign state to be the consul there, as in Portugal, Spain, and Italy, where there is a scarcity of British subjects, and in which it has been customary for the consul-general to appoint natives of such countries to act as their deputies at inferior ports.' He adds, however, but this, it has been observed, is an unwarrantable and impolitic practice.

“ The President, at an early period of his administration, had this subject under consideration, and determined to appoint no consuls who were not American citizens, and, indeed, several consuls have been removed because they did not possess this qualification."

Mr. Buchanan, Sec. of State, to Mr. Donelson, Dec. 16, 1846, MS. Inst.

Prussia, XIV. 104.

“As a general rule it is preferable that United States citizens only should be appointed to all consular offices. When, however, none can

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