THE USE OF THE NATIONAL ARMS AND FLAGS ON OFFICES 64. The right to place the national arms and the name of the Consulate on the offices is given by treaties with AustriaHungary, Italy, and the Netherlands (and colonies); on their offices or dwellings by treaty with Belgium and Germany; the right to place the national flag on their dwellings, except where there is a gation, by treaties with AustriaHungary, Belgium, Germany, Roumania, and Serbia; the right to place the arms, name, and flag on their offices or dwellings by treaties with France and Salvador; and the right to place the name and flag on their dwellings by treaty with Colombia. DEPOSITIONS. National flag and arms. 65. The right to take depositions is secured by conven- Depositions. tions with Austria-Hungary, Belgium, France, Germany, Italy, Netherlands, New Granada, Roumania, Serbia, and Salvador. Objection has been raised by the German Gov ernment to the taking of testimony by Consular Officers of For. Rels..1874. JURISDICTION OVER DISPUTES BETWEEN MASTERS, OFFICERS, 66. Exclusive jurisdiction over such disputes in the vessels of the United States, including questions of wages, is conferred by treaties or conventions with Austria-Hungary, Belgium, Colombia, Denmark, Dominican Republic, France, Germany, Greece, Italy, the Netherlands (and the colonies), Portugal, Roumania, Russia, Salvador, Sweden and Norway, and Tripoli. RIGHT TO RECLAIM DESERTERS. 67. The right to reclaim deserters from the vessels of the United States is conferred by treaties or conventions with Jurisdiction over vessels, &c. Deserters. Salvage and wrecks. Estates of citi zens. Austria-Hungary, Bolivia, Belgium, Colombia, Denmark, ment. SALVAGE AND WRECKS. 68. Their powers to adjust damages suffered at sea and in matters of wrecks and salvage are settled by treaties with Austria-Hungary, Belgium, Bolivia, Borneo, Corea, China, New Granada, Dominican Republic, Ecuador, France, Germany, Greece, Guatemala, Hawaiian Islands, Hayti, Honduras, Italy, Japan, Lew Chew, Liberia, Madagascar, Morocco, Muscat, Netherlands, (including colonies), Ottoman Porte, Paraguay, Roumania, Salvador, Siam, Spain, Sweden and Norway, Tripoli, and Tunis. In Muscat and the Ottoman Dominions they have the right, in the absence of the owner or agent, to receive the property of American citizens wrecked or captured from pirates. ESTATES OF CITIZENS OF THE UNITED STATES, DECEASED. 69. In Austria-Hungary, Belgium, Germany, Italy, and the Netherlands (and colonies) the local authorities are required to inform Consuls of the death of their countrymen, intestate, or without known heirs. In Germany, Roumania, and Serbia Consuls have the right to appear for absent heirs or creditors until regularly authorized representatives appear. In Salvador, Tunis, Morocco, Muscat, Persia, and Tripoli they may administer on the property of their deceased countrymen. In Colombia they may do so, except when legislation prevents it. In Costa Rica, Honduras, and Nicaragua they may nominate curators to take charge of such property, so far as local laws permit. In Paraguay they may become temporary custodians of such property. In Germany they may take charge of the effects of deceased sailors. EXTRADITION OF FUGITIVE CRIMINALS. 70. Provision has been secured in the treaties with certain countries under which the requisitions for the surrender of fugitives from justice may be made by Consular Officers, in the absence of a Diplomatic Representative. In such cases the requisition is made by the superior Consular Officer. Treaties of this character have been concluded with Belgium, the Dominican Republic, Ecuador, Italy, Netherlands, Nicaragua, Orange Free State, Ottoman Empire, Salvador, Siam, Spain, Sweden and Norway, and the Swiss Confederation. Extradition of criminals. JURISDICTION OVER OFFENSES AND CRIMES. offenses. 71. Consuls have exclusive jurisdiction over crimes and Jurisdiction over offenses committed by citizens of the United States in Borneo, China, Corea, Japan, Madagascar, and Siam. In Morocco, Tripoli, and Tunis the Consuls are empowered to assist in the trials of citizens of the United States accused of murder or assault. In Persia citizens of the United States committing offenses are to be tried and judged in the same manner as are the subjects or citizens of the most favored nation. Americans committing offenses in Turkey should be tried by their Minister or Consul, and are to be punished according to their offense, following, in this respect, the usage observed toward other Franks; but, in consequence of a disagreement as to the true text of the treaty, Consuls in the Ottoman Dominions are instructed to take the direc tions of the Minister of the United States at Constantinople in all cases before assuming to exercise jurisdiction over criminal offenses. 72. In China and Japan the judicial authority of the Consuls of the United States will be considered as extending over all persons, duly shipped and enrolled upon the artieles of any merchant vessel of the United States, whatever be the nationality of such person. And all offenses which would be justiciable by the Consular Courts of the United States, where the persons so offending are native-born or naturalized citizens of the United States employed in the In China and Japan. Over civil cases. merchant service thereof are equally justiciable by the same Consular Courts in the case of scamen of foreign nationality. 73. Seamen serving on board public vessels of the United States, who have committed offenses on shore in Japan and China, are held to be subject to the jurisdiction of the Consuls of the United States in those countries. CIVIL JURISDICTION. 74. Jurisdiction over civil disputes is conferred by treaties with Borneo, China, Corea, Japan, Ottoman Porte, Madagascar, Siam, Morocco, Muscat, Persia, Tripoli, Tunis, and the Samoan Islands. This jurisdiction is exclusive in disputes between citizens of the United States. In Persia suits and disputes between Persian subjects and American citizens are to be heard before the Persian tribunal where the Consul is located, and in the presence of an employé of the Consul. In Japan it extends to claims of Japanese against Americans. In China, Siam, and Samoa the jurisdiction is joint in controversies between Americans and Chinese, Siamese, or Samoans. In Madagascar the exclusive jurisdiction extends to disputes between citizens of the United States and subjects of Madagascar. In Turkey there can be no hearing in a dispute between Turks and Americans unless the dragoman of the Consulate is present. In Corea trials are to be held before the proper official of the nationality of the defendant. Relations of Consuls General to Consuls, ARTICLE VI. Relations of Consular Officers to the Diplomatic Representatives of the United States. 75. The several Consuls-General hereinbefore referred to (paragraphs 9, 10, 11, and 12) as having supervisory powers are to be regarded as the immediate official superiors of the Consuls whose correspondence with the Department is directed to be conducted through them. 76. These Consuls-General will exercise respectively, to the extent herein provided, the supervisory powers over the Consuls and Consulates within their respective jurisdictions which in other cases are vested in the Diplomatic Reprosentatives of the United States. 77. The several Consuls subordinate to them, respectively, will not correspond officially with the Diplomatic Representatives of the United States in those respectivo countries, unless in reply to communications or inquiries from them, but will make all their representations through their respective Consulates General. 78. Owing to the distance of Peking from the consular ports, every Consul in China will send to the Minister on the first of every month a brief topical summary, giving a list of all official communications made by him during the month preceding, to the Consul-General, the Department of State, the local Chinese authorities, to Consular Agents, or to others to whom he may have occasion to write in the course of business, and of all communications received. The Consul-General will also in the same way keep the Minister fully informed as to the business of the ConsulateGeneral, and Consular Agents will make similar reports to the Consul in whose jurisdiction they act. Any event of political importance, whether American interests are directly involved or not, should be immediately reported to the Legation. 79. In their turn these Consuls-General will maintain the relations to the respective Ministers to those countries where they reside that Consuls do to Diplomatic Representatives in other countries. The Consul-General in Cuba is, however, directly responsible to the Department of State. la China. To Diplomatic Representatives. Leaves of absence and appoint countries. 80. Requests for leaves of absence, or for the appointment of Vice or Deputy Consuls or of any of the subordinate ments in certain officers mentioned in paragraphs 26, 27, and 36, by principal Consular Officers in Austria-Hungary, China, France (except the colonies, but including Algiers), Germany, the United Kingdom of Great Britain (except the colonies), the Dominion of Canada (except British Columbia and Manitoba), Hayti, Italy, Japan, Russia, Cuba, and Turkey, must be accompanied by the written approval of the proper ConsulGeneral therefor. The principal Consular Officers in Brazi. and the Australasian Colonies will follow, as to such requests, the instructions of paragraph 10 as to their correspondence. |