CHAPTER XXXVII. PAGE Acts of Congress, and extracts therefrom, relating to United States consular officers.... 296 Titles of Acts of Congress relating to consuls......................... 380 Digest of Opinions of Attorneys General in regard to consuls..... 383 CHAPTER I. NATURE GENERAL REMARKS ON THE NATURE AND DUTIES OF THE CONSULAR OFFICE. in the Constitu 1. THE word "consuls," as used in the Constitution Meaning of the of the United States, designates a class of public offi- term "consuls" cers appointed by their government to reside in tion of U. S. foreign countries, chiefly in seaports and other places of commerce, to exercise administrative and sometimes, in countries not Christian, judicial functions in regard to their countrymen who dwell or may happen to be in the country where they reside; to aid in the authentication of documents abroad, and, generally, to discharge such other duties as may be assigned to them by the laws and orders of their government. 2. Accordingly, by various laws of the United Classes of conStates, duties are imposed and rights conferred on sular officers. this description of public officers, under the names of consuls general, consuls, vice consuls, deputy consuls, commercial agents, vice commercial agents, and consular agents. It is provided by section thirty-one of the act of Congress approved August eighteen, eighteen hundred and fifty-six,2 that these official designations shall be deemed to have the respective meanings therein assigned to them, namely: "consul general," "consul," and "commercial agent," shall be taken to 1 Opinions of the Attorneys General, vol. vii. p. 248; 6 Wheaton, 168. 2 Statutes at Large, vol. i. pp. 52-65. gress to consular officers. denote full, principal, and permanent "consular officers," as distinguished from subordinates and substitutes; "deputy consul" and "consular agent" to denote "consular officers" subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively; and "vice consuls" and "vice commercial agents" to denote "consular officers" who shall be substituted, temporarily, to fill the places of "consuls general," "consuls," or "commercial agents," when they shall be temporarily absent or relieved from duty; and the term "consular officer" to include all such officers as are mentioned in the said section, and none others. Application of 3. It is further provided by the same section that, acts of Con- in the construction and for the purposes of all other acts and parts of acts which shall remain in force. after the act above mentioned may take effect, defining any of the powers, declaring any of the rights, prescribing any of the duties, or imposing any penalty or punishment for any act of omission or commission of any consul, commercial agent, vice consul, or vice commercial agent, or allowing or enjoining the performance of any act, matter, or thing, with or before any such officer, all such acts and parts of acts shall in all these several respects, so far as may be consistent with the subject-matter and context of the same and with the said act and the treaties of the United States, be deemed and taken to include and apply to all consular officers just as though all such officers were specifically named therein. |