Similar requests in other countries.

In other countries.

In other countries.

Instructions when new offices are established.

Requests, how addressed.

81. Similar requests from principal Officers in the Argentine Confederation, Belgium, Bolivia, Chili, Costa Rica, Denmark (except the colonies), Guatemala, Hawaiian Islands, Honduras, Netherlands (except the colonies), Nicaragua, Peru, Portugal and dependencies (except St. Paul de Loanda), Roumania, Salvador, Spain (except the colonies), Sweden and Norway, Switzerland, Uruguay, and Venezuela must be accompanied by the written approval of the Diplomatic Representative of the United States resident in the country.

82. In Colombia, Liberia, and Mexico (except such as are within the jurisdiction of the Consul General at Matamoras), similar requests should be addressed directly to the Department of State; but on the receipt of notice of the granting of a leave of absence the Consular Officer will promptly inform the Diplomatic Representative of the contemplated date of departure and of the name of the subordinate left in charge of the office.

83. Principal Consular Officers in British Columbia, Manitoba, and in all British dependencies (except as hereinbefore provided for), the Canary Islands, Curaçoa, Dutch Guiana, Ecuador, Fiji Islands, the French dependencies (except Algeria), Greece, Java, Madagascar, Muscat, Philippine Islands, Porto Rico, Samoan Islands, San Domingo, St. Martin's, St. Thomas, St. Paul de Loando, Siam, Society Islands, and Sumatra will address similar requests directly to the Department of State.

84. In case of the establishment of new Consulates or Commercial Agencies in countries where there is no Legation or Consulate-General of the United States, the appointees may expect to receive instructions as to the manner of addressing and transmitting their correspondence and requests for leaves of absence and the appointments of subordinate officers. In countries, however, where there is a Legation or a Consulate-General, such new appointees will, in the absence of special instructions, be governed in these respects by the foregoing regulations.

85. In all cases requests for leaves of absence and for the appointment of subordinate officers, whether submitted to a Diplomatic Representative or a Consul General, or sent

directly to the Department, should be addressed to the Assistant Secretary of State, in accordance with the instructions of paragraph 124. Both delay and inconvenience have been caused by addressing them to the superior office in the country of official residence.

Duties of Dipiomatic Representa

86. The Diplomatic Representatives in countries where there is no Consul-General with supervisory powers will tives. continue, as heretofore, to exercise a general supervision of the Consular Offices within their respective jurisdictions. And, generally, these Representatives will maintain such correspondence with Consular Officers in the countries to which they are accredited as they may deem conducive to the public interest. It will be the duty of Consular Officers to endeavor in all cases to comply with the requests and wishes of their superiors.

Subordinate ap pointinents by Di plomatic Reprez

87. In case a vacancy occurs in the offices both of Consul and Vice-Consul, which requires the appointment of a per- Bentatives. son to perform temporarily the duties of the Consulate, the Diplomatic Representative has authority to make such appointment, with the consent of the foreign government and in conformity to law and these regulations, immediate notice being given to the Department of State. In those countries, however, where there are Consuls-General, to whom the nominations of subordinate officers are required to be submitted for approval, the authority to make such temporary appointments is lodged with them. Immediate notice should be given to the Diplomatic Representative of the proposed appointment, and, if it can be done within a reasonable time, he should be consulted before the appointment is made. If such a vacancy should occur in a Consulate-General, the temporary appointment will be made by the Diplomatic Representative.

88. It is required that the appointees to such vacancies should be designated by the title of Vice-Consul or ViceCommercial Agent, as the case may be, instead of acting Consul or acting Commercial Agent, and that they should qualify for the office by filing a proper bond in the Department of State, in the manner prescribed for such Officers (paragraph 39). The nomination for the temporary appointment of an Interpreter or Marshal to a Consulate, in the

Title of such an pointees.

Suspension by Diplomatic Repre

sentatives.

Commanders squadrons.

Duty of Consuls.

Commanders of

vesselr

case of a vacancy, should be made by the Consul, or by the Vicc-Consul if he is in charge, with the approval of the Consul General, if there be one having supervisory powers; otherwise, with the approval of the Diplomatic Reprosentative.

89. Occasions may arise in which the official or personal conduct of a Consul or Commercial Agent is of a character that makes it desirable and proper, in the interests of good service, that he should at once be suspended from his funetions. Under the general supervisory authority conferred upon a Diplomatic Representative, this power may be exercised so far as to suspend temporarily an Officer until the decision of the Department of State can be made known. Such an extreme measure, however, should be resorted to only in cases of grave misconduct or criminality, and in no case when the reasons deemed to justify it can be promptly communicated to the Department.

ARTICLE VII.

Relations of Consular Officers to Naval Ofleers of the
United States.

90. When a squadron visits a port where there is a Consular Officer, it will be the duty of the Commander of the Squadron to send a boat on shore, with an officer on board, who shall visit the Consul-General, Consul, or Commercial Agent, and tender him a passage to the ship.

91. It will then be the duty of the Consul-General, Cousul, or Commercial Agent to accept the invitation and visit the flag-ship, and tender his official services to the Commander. He will be entitled once while the vessel is in port to a salute of nine guns if a Consul-General, and of seven guns if a Consul, and of five guns if a Commercial Agent. which may be fired either while he is on board (which is unusual) or while he is being conveyed from the vessel to the shore; in the latter case he will face the vessel, and at the end of the salute acknowledge it by raising his hat.

92. It is the duty of the Commander of an American ship of war, not a Commander of a Squadron or in chief, to pay the first visit in person to a Consul-General, and to offer him a passage to the ship.

93. If the Consular Officer be of the grade of Consul or a Commercial Agent, or lower, a boat will be sent (on arrival of the vessel in port) with an officer to visit him, and tender a passage to the ship. It will be the duty of the Consular Officer to accept it, and he will be entitled to a salute of the number of guns herein prescribed.

94. Vice-Consuls-General, Deputy Consuls-General, ViceConsuls, Deputy Consuls, Consular Agents, and Vice-Commercial Agents will receive a salute of three guns.

95. While Consular Officers are expected to use their official position to advance the interests of the Navy, it may be remarked that their salaries are not established on a scale to require social attentions to the officers which call for the expenditure of money, unless they see fit to give them; and that the fact such attentions have been given, or supposed to be required, will not justify a Consul in asking increased compensation.

Salutes.

Social attention to naval officers.

force may be

96. They are also reminded that the Navy is an inde- When naval pendent branch of the service, not subject to the orders of asked. this Department, and that its officers have fixed duties prescribed for them; they will therefore be careful to ask for the presence of a naval force at their ports only when public exigencies absolutely require it, and will then give the officers in command in full the reasons for the request, and leave with them the responsibility of action. If the request is addressed to the Department of State, the reasons should likewise be fully stated for its information.

ARTICLE VIII.

Formalities to be Observed on Arrival at Post. 97. After the arrival of a Consul-General, Consul, or Commercial Agent at his post, he will give information thereof to the Legation of the United States, if there be one accredited to the government of the country in which the Consular Office is situated. A Consul and Commercial Agent will give similar information to the Consulate-General, if there be one in the country.

98. It is the practice of the Department of State to send the consular commission to the Diplomatic Representative, 765 C R-3

Arrival at post.

Commission and

exequatur,

cers.

with instructions to apply in the proper quarter for an exequatur, by which the Consular Officer is officially recognized and authorized to discharge his duties. When the exequatur is obtained, it is transmitted to the Consular Officer at his post through the Consulate-General, if there be one in the country; otherwise, directly to his address. The consular commission is also sent to him at the same Subordinate offi- time. It is usual, also, to apply in the same manner for the exequaturs of subordinate officers. It is the practice in respect to such officers in the colonies or dependencies of a country to instruct the Consul-General, or the principal Consular Officer, if there be no Consul-General, to apply to the proper colonial authority for permission for the subordinate to act temporarily in his official capacity, pending the result of the request for the exequatur. Upon the application of the Consular Officer, or of the Consul-General where there is one, the Diplomatic Representative may make, to the Minister for Foreign Affairs, such request for temporary permission to act in the case of any Consular Officer under his jurisdiction.

99. If there be no Legation of the United States in the country, the commission of a principal Consular Officer will be sent directly to him, with instructions to transmit it without delay, on arrival at his post, to the proper department of the government, and to request an exequatur. In such cases it is usual to inclose the commission in a letter from the Secretary of State to the Minister of Foreign Affairs of the country, to be delivered at a suitable opportunity after the arrival of the Consul at his post. In either case he will, in respectful terms, acquaint the authorities of the port or district to which he is sent of his appointment; and if he can obtain their consent to his acting in his official capacity before the receipt of the exequatur, he is authorized so to act. On the granting of such permission it is the duty of the outgoing Officer, or the subordinate in charge, to deliver up the official seals, archives, and public property. As soon as the exequatur is received, it should be made public in the manner usual in the country. In the event that there should be unusual delay in granting the exequatur, the Consul should inform the Department of State.