« EdellinenJatka »
1857, ch. 107, § 6. Post, p. 220. 1858, ch. 154, § 20.
Post, p. 328.
his post and enter upon his official duties, to the time when he shall cease to hold such office, and for such time as shall be actually and necessarily occupied in receiving his instructions, not to exceed thirty days, and in making the transit between the place of his residence, when appointed, and his post of duty, at the commencement and termination of the period of his official service, for which he shall in all cases be allowed and paid, except as hereinafter mentioned, and no person shall be deemed to hold any such office after his successor shall be appointed and actually enter upon the duties of his office at his post of duty, nor after his official residence at such post shall have terminated if not so relieved; but no such allowance or payment shall be made to any consul general, consul, or commercial agent, contemplated by the fourth section of this act, or to any vice consul, vice commercial agent, deputy consul, or consular agent, for the time so occupied in receiving instructions, or in such transit as aforesaid; nor shall any such officer, as is referred to in this section, be allowed compensation for the time so occupied in such transit, at the termination of the period of his official service, if he shall have resigned or been recalled therefrom for any malfeasance in his office.
When a diploSEC. 9. And be it further enacted, That when to any diplomatic office matic officer re- held by any person there shall be superadded another, such person shall ceives an added be allowed additional compensation for his services, in such superadded appointment to have half the office, at the rate of fifty per centum of the amount allowed by this act pay of the added for such superadded office, and such superadded office shall be deemed to
Pay of secretaries acting as
continue during the time to which it is limited by the terms thereof, and for such time as shall be actually and necessarily occupied in making the transit between the two posts of duty, at the commencement and termination of the period of such superadded office so limited, and no longer. SEC. 10. And be it further enacted, That for such time as any secrechargé d'affaires. tary of legation shall be lawfully authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive compensation at the rate allowed by this act for a chargé d'affaires at such post; but he shall not be entitled to receive, for such time, the compensation allowed for his services as secretary of legation.
Pay of consu
SEC. 11. And be it further enacted, That for such time as any conlar officers per- sular officer shall be authorized, pursuant to the provisions of this act, to forming diplomatic functions. perform diplomatic functions, in the absence of the regular diplomatic officer in the country to which he shall be appointed, he shall be entitled, in addition to his compensation as such consular officer, to receive compensation for his services while so authorized, at the rate allowed by this act for a secretary of legation in such country.
SEC. 12. And be it further enacted, That no consular officer shall officers may ex- exercise diplomatic functions, or hold any diplomatic correspondence or ercise diplomatic relation on the part of the United States, in, with, or to the government or country to which he shall be appointed, or any other country or government, when there shall be in such country any officer of the United States authorized to perform diplomatic functions therein, nor in any case, unless expressly authorized by the President so to do.
Bonds of con
SEC. 13. And be it further enacted, That every consul general, consul, suls general, con and commercial agent, appointed before, and retained in office after this suls, and commercial agents. act shall take effect, shall, without unnecessary delay, and every such officer, appointed after this act shall take effect, shall, before he receives his commission or enters upon the duties of his office, enter into a bond to the United States with such sureties, who shall be permanent residents of the United States, as the Secretary of State shall approve, in a penal sum not less than one thousand, nor more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall
come to his hands, or to the hands of any other person to his use as such consul general, consul, or commercial agent, under any law now or hereafter enacted and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such consul general, consul, or commercial agent; and in the cases of consuls general, consuls, and commercial agents embraced in Schedule B, such bond shall contain, by way of further condition, the stipulation required by the fifth section of this act; and all such bonds shall be deposited with the Secretary of the Treasury, and in no case shall the penalty of such bond be less than the annual compensation allowed to the officer entering into such bond; and the President shall be authorized to require a new or additional New bond may bond from any such consul general, consul, or commercial agent, in like be required. form and in such penalty, within the limits aforesaid, in amount, as he shall prescribe, whenever, in his opinion, the public good shall require it. SEC. 14. And be it further enacted, That the President be, and he is hereby authorized to define the extent of country to be embraced within define the limits of consulates, any consulate or commercial agency, and to provide for the appointment &c., and appoint of vice consuls, vice commercial agents, deputy consuls, and consular vice consuls, &c. agents, therein, in such manner and under such regulations as he shall deem proper; but no compensation shall be allowed for the services of any such vice consul, or vice commercial agent, beyond nor except out of the allowance made by this act for the principal consular officer in whose place such appointment shall be made; and no vice consul, vice com- be out of the allowance of their mercial agent, deputy consul or consular agent, shall be appointed otherprincipals. wise than in such manner and under such regulations as the President shall prescribe, pursuant to the provisions of this act.
Their pay to
Pay of vice
Pay of consu
SEC. 15. And be it further enacted, That every vice consul and vice commercial agent shall be entitled, as compensation for his services as consuls and vice such, to the whole or so much of the compensation of the principal consular officer, in whose place he shall be appointed, as shall be determined by the President, and the residue, if any, shall be paid to such principal consular officer; and every consular agent shall be entitled, as compensation for his services, to such fees as he may collect in pursuance of lar agents. the provisions of this act, or so much thereof as shall be determined by the President; and the principal officer of the consulate or commercial agency within the limits of which such consular agent shall be appointed, shall be entitled to the residue, if any, in addition to any other compensation allowed him by this act for his services therein; and the President shall have power to subject any consul or commercial agent contem- interdict trade to plated by the fourth section of this act, and any vice consul, vice com- any consul, &c., or vice consul, mercial agent, deputy consul or consular agent to the prohibition as to &c. trade contained in the fifth section of this act, and to require from any of them such bond as is provided for by the thirteenth section of this act, whenever he shall think the public interests will be promoted thereby. SEC. 16. And be it further enacted, That the President be, and is hereby authorized to prescribe, from time to time, the rates or tariffs of establish fees, fees to be charged for official services, and to designate what shall be regarded as official services, besides such as are expressly declared by law, in the business of the several legations, consulates, and commercial agencies, and to adapt the same, by such differences as may be necessary or proper, to each legation, consulate, or commercial agency, and such rates or tariffs shall be reported annually to Congress; and it shall be the duty of all officers and persons connected with such legations, consulates, or commercial agencies to collect for such official services such and only such fees as may be prescribed for their respective legations, consulates, and commercial agencies; and it shall be the duty of the collectors of the several districts, whenever any clearance is granted to any ship or vessel of the United States, duly registered as such, and bound on any foreign annex to clearvoyage, to annex thereto, in every case, a copy of the rates or tariffs of such tariff. VOL. XI. PUB.-8
To report the same annually.
ances a copy of
fees which shall be allowed in pursuance of the provisions of this act, and then in force; and it shall be the duty of all consular officers at all times Consuls, &c., to keep up in their offices, respectively, a copy of such rates or tariffs as to keep a copy shall be in force, in a conspicuous place, and subject to the examination of all persons interested therein.
in their offices.
Receipts to be given for fees.
SEC. 17. And be it further enacted, That it shall be the duty of all consular officers to give receipts for all fees which shall be collected for their official services respectively, expressing the particular services for Penalty for which the same were collected; and if any such consular officer shall collect, or knowingly allow to be collected for any such service, any other or greater fees than such as shall be allowed pursuant to the provisions of this act for such service, he shall, besides his liability to refund the be liable to pay to the person by whom or in whose behalf the same shall be paid, treble the amount of said unlawful charge so collected, as a penalty therefor, to be recovered by such person, in any proper form of action, to and for the use of such person, besides costs of May be off set to compensation. suit. And in any such case the Secretary of the Treasury is hereby authorized to retain out of the compensation of such officer, the amount of such overcharge, and of such penalty, and charge the same to such officer in account, and thereupon to refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think Fees to be ac- proper so to do. counted for.
SEC. 18. And be it further enacted, That all fees collected at any of the legations, or by the consuls general, consuls, and commercial agents mentioned in Schedules B and C, and by vice consuls and vice commercial agents appointed to perform their duties, or by any other persons in their behalf, shall be accounted for to the Secretary of the Treasury, and held subject to his draft, or other directions. And all such consuls generals, consuls, commercial agents, and consular agents, as are allowed for their compensation the whole or any part of the fees which they may collect pursuant to the provisions of this act, and all vice consuls and vice commercial agents appointed to perform the duties of said consuls general, Returns to be consuls, and commercial agents as are allowed for their compensation the whole or any part of such fees as aforesaid, shall make returns of all such fees as they or any other persons in their behalf shall so collect, in such manner as the Secretary of State shall prescribe; and all such fees as shall be so collected, accounted for, and reported, shall be reported annually to Congress, with the report of the rates or tariffs of fees required by the seventeenth section of this act, with a full list of all consular officers: and if any consul general, consul, or commercial agent, mentioned in Schedules B and C, or any vice consul, or vice commercial agent, appointed to perform the duty of any such officer mentioned in said Schedules B and C, shall omit to collect any fees which he shall be entitled to charge, pursuant to the provisions of this act, for any official service, he shall be liable to the United States therefor, as though he had collected the same, unless, upon good cause shown therefor, the Secretary Accounts and of the Treasury shall think proper to remit the same; and every consubooks of fees, lar officer shall number all receipts given by him for fees received for how to be kept. official services, in the order of their dates, beginning with number one
Penalty for omission to col
at the commencement of the period of his service, and on the first day of January in every year thereafter. And he shall keep a book, in which he shall register all fees so received by him, in the order in which they shall be received, specifying in such register each item of service and the amount received therefor, from whom, and the dates when received, and if for any service connected with any ship or vessel, the name thereof, and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts respectively, so that the receipts and register shall correspond with each other; and he shall, in such register, specify the name of the person for whom, and the date when he shall grant, issue, or verify
livered to collec
Oath to ac
any passport, certify any invoice, or perform any other official service in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number of such receipt, and as shown by such register. And it shall be the duty of all owners, agents, con- Copy of receipts signees, masters and commanders of ships and vessels to whom any for fees to be dereceipt for fees shall be given by any consular officer, to furnish a copy tor on return of thereof to the collector of the district in which such ships and vessels vessels, to be forshall first arrive on their return to the United States. And it shall be warded to Sec'y of the Treasury. the duty of every collector to forward to the Secretary of the Treasury all such copies of receipts as shall have been so furnished to him, and also a statement of all certified invoices which shall come to his office, giving the dates of the certificate, and the names of the persons for whom, and of the consular officers by whom the same were certified; and every consular officer, in rendering his account or report of fees received, shall furnish a full transcript of the register which he is hereby required to keep, under oath or affirmation that the same is true and correct, and that the same contains a full and accurate statement of all fees received by him, or for his use, for his official services as such consular officer, to the best of his knowledge, during the period for which the same shall purport to be rendered, and that such oath or affirmation may be taken before any person having authority to administer oaths and affirmations at the port or place where such consular officer is located. And if any Penalty for such consular officer shall wilfully and corruptly commit perjury, in any perjury. such oath or affirmation, within the intent and meaning of any act of Congress now or hereafter made, he may be charged, proceeded against, tried, and convicted, and dealt with in the same manner, in all respects, as if such offence had been committed in the United States, before any officer duly authorized therein to administer or take such oath or affirmation, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence.
SEC. 19. And be it further enacted, That no such officer as is men- Absence from tioned in the first, second, third, fourth, sixth, or seventh sections of this post when foract shall, nor shall any consular agent, be absent from his post, or the tions from pay performance of his duties, for a longer period than ten days at any one therefor. time, without the permission previously obtained of the President. And no compensation shall be allowed for the time of any such absence in any case, except cases of sickness; nor shall any diplomatic or consular officer No diplomatic correspond in regard to the public affairs of any foreign government with or consular officer to correspond any private person, newspaper, or other periodical, or otherwise than with private perwith the proper officers of the United States, nor recommend any person, sons on public at home or abroad, for any employment of trust or profit under the gov-mend to, or ask ernment of the country in which he is located; nor ask or accept, for for himself or any other person, any present, emolument pecuniary, pecuniary office abroad. favor, office, or title of any kind, from any such government.
affairs, or recom
SEC. 20. And be it further enacted, That the compensation provided Pay to be in by this act shall be in full for all the services and personal expenses which full for all sershall be rendered or incurred by the officers or persons respectively for whom such compensation is provided, of whatever nature or kind such services or personal expenses may be, or by whatever treaty, law, or instructions such services or personal expenses so rendered or incurred are or shall be required; and no allowance, other than such as is provided by this act, shall be made in any case for the outfit or return home of any such officer or person; and no consular officer shall, nor shall any person under any consular officer, make any charge or receive, directly or on wages, or being interested in indirectly, any compensation, by way of commission or otherwise, for boarding or supreceiving or disbursing the wages or extra wages to which any seaman or plying sailors, mariner shall be entitled who shall be discharged in any foreign country, or for any money advanced to any such seaman or mariner who shall seek relief from any consulate or commercial agency; nor shall any con
sular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such seaman or mariner: Provided, that such prohibition as to profit shall not be construed to relieve or prevent any such officer who shall be the owner or otherwise interested in any ship or vessel of the United States, from transporting in such ship or vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation, under and by virtue of the fourth section of the act entitled "An act supplementary to the act concerning consuls and vice Vol. ii. p. 203. consuls, and for the further protection of American seamen," approved February twenty-eighth, eighteen hundred and three.
1803, ch. 9.
Provision as to those holding office who are not citizens.
SEC. 21. And be it further enacted, That no compensation provided by this act for any such officer as is mentioned in the first section of this act, or for any assistant secretary of legation, or for any such officer as is mentioned in Schedules B and C of the third section of this act, or any appropriation therefor, shall be applicable to the payment of the compensation of any person appointed to or holding any such office after this act shall take effect, who shall not be a citizen of the United States; nor shall any other compensation be allowed in any such case.
Stationery and SEC. 22. And be it further enacted, That the President be, and is contingencies for hereby, authorized to provide at the public expense all such stationary, the legations, consulates, and blanks, record and other books, seals, presses, flags, and signs, as he shall agencies to be think necessary for the several legations, consulates, and commercial provided. agencies in the transaction of their business; and whenever he shall think there is sufficient reason therefor, to allow consuls general, consuls, and commercial agents, who are not allowed to trade, actual expenses of office rent, not to exceed, in any case, ten per centum of the amount of President may the annual compensation allowed to such officer, and to prescribe such prescribe rules as to transaction regulations, and make and issue such orders and instructions, not inconof business. sistent with the constitution or any law of the United States, in relation to the duties of all diplomatic and consular officers, the transaction of their business, the rendering of accounts and return(e)s, the payment of compensation, the safe-keeping of the archives, and public property in the hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, sciences, manufactures, agriculture, and commerce, from time to time, as he may think conducive to the public interests; and it shall be the duty of all such officers to conform to such regulations, orders, and instructions; and it shall be the Secretary of duty of the Secretary of State to publish official notifications, from time State to publish to time, of such commercial information communicated to him by such diplomatic and consular officers, as he may deem important to the public interests, in such newspapers, not to exceed three in number, as he may select, and to report to Congress, at least once in each year, a synopsis of so much of the information on all subjects which shall be so communicated to him, as he may deem valuable for public information.
1856, ch. 170. Post, p. 139.
SEC. 23. And be it further enacted, That the Secretary of State shall be authorized to grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by such diplomatic or consular officers of the United States, and under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify any such passport; nor shall any passport be granted or issued to, or verified for, any other persons than citizens of the United States; nor shall any charge be made for granting, issuing, or verifying any passport except in a foreign country; and in any case the fee allowed therefor shall not exceed the sum of one dollar, nor shall any such charge be made for more than one such verification in any foreign country; and if any person acting, or claiming to act, in any office or capacity, under the United States, or any of the