CONSULS-GENERAL Continued Salary of the, at Vienna, limited Appropriations for salaries of .... .228, 229, 322, 323, 324 23 1883-1885 ........ Not to receive salaries as secretaries or interpreters of legations Appropriation for salaries Appropriation for salaries Appropriations for Appropriation for ... 329 23 1883-1885 .250, 699 25 1887-1889 145, 819 28 1893-1895 .32, 584 29 1895-1897 ...267, 827 30 1897-1899 For present incumbent at certain consulates whose locations have been changed Bonds of, prescribed ..... 221 30 1897-1899 770 30 1897-1899 771 30 1897-1899 1899-1901 1901-1903 Appropriations for Seamen, relief of from Pay of salaried Shipwreck, acknowledgment for rescue of citizens, etc., Appropriations for salaries of Not to receive salaries while absent from their posts, if, etc. Moneys in excess of $1,000 in any year, received by, from vice-consuls, etc., to be paid into the Treasury Not over $500 to be allowed in any year for expenses of vice-consulate ..... Salary of consuls, at present $1,500 a year, to be $2,000 when the fees paid into Treasury from their consulates exceed $3,000 a year Salary of consul established at Guaymas At Osaka and Jeddo, Japan To exercise duties of only one such office ...... Appropriation for pay of, at Hiogo and Osaka Page. Vol. Year. FOREIGN CONSULS The papers of foreign vessels to be deposited with the consul of the nation to which the vessels belong The consuls not to redeliver papers until a clearance of the vessel is produced... Restriction of the provisions of the act as to foreign vessels of nations in which American consuls are not permitted To be exempt from income duty when, etc. COMPENDIUM CONSULAR FUNCTIONS INTRODUCTION Division of consular functions; see Atty. Gen. Vol. VII, p. 260, 1855, U. S. Source of consular functions and privileges; see Atty. Gen. Vol. VII, p. 248, 1855, U. S. Enumeration of consular functions; see Harrison v. Vose, 1849, U. S. Consular functions are not limited to those enumerated by statute; see Potter v. Ocean Ins. Co., 1837, U. S. How consular functions are determined; see Potter v. Ocean Ins. Co., 1837, U. S. Consul's action is in itself a presumption of his right to act; see Potter v. Ocean Ins. Co., 1837, U. S. To determine the basis for the consul's action in the performance of certain functions reference should be had to the terms of his exequatur and the regulations of the sending state; see Atty. Gen. Vol. VIII, p. 102, 1856 U. S. Consul may not discharge functions contrarily to the law of the receiving state; see Atty. Gen. Vol. VIII, p. 100, 1856, U. S. For consuls knowingly to attempt to contravene the spirit of the laws of the receiving state is a violation of the sovereign rights of the receiving state; see Atty. Gen. Vol. VIII, p. 470, 1856, U. S. "No invariable test can be derived from international law, or from the general character of the consular office, by which to determine what services performed by the consul are official services, and what are not;" see Atty. Gen. Vol. XIX, p. 197, 1888, U. S. Origin and development of consular functions; see Atty. Gen. Vol. VII, p. 346-349, 1855, U. S. Basis of consular functions; see Atty. Gen. Vol. VII, p. 249, 1855, U. S. Classification of consular functions according to the nature of the consular fee; see Atty. Gen. Vol. VII, p. 260, 1855, U. S. Consuls have other powers than those enumerated by statute; see Atty. Gen. Vol. VII, p. 249, 1855, U. S. Enumeration of the functions appertaining to the office of consul; see Viveash v. Becker, 1814, G. B. NON-MINISTERIAL OR OFFICIATORY ACTS (A.) Marriage Discussion of consular marriages concluding that United States consuls have not the right to solemnize; see Atty. Gen. Vol. VII, p. 18, 1854, U. S. Solemnization by American consul; see Loring v. Thorndike, 1862, U. S. Consuls might acquire the right to solemnize marriage by municipal act of any foreign government giving legality to a marriage within it so celebrated, in which case there would be nothing in our law, or in our public policy, to forbid a consul officiating in that relation; secondly, perhaps, specially by treaty, or generally by act of congress; see Atty. Gen. Vol. VII, p. 343, 1855, U. S. Consuls do not possess power to solemnize marriage and department of state cannot give them that power; see Atty. Gen. Vol. VII, p. 342, 1855, U. S. "If, indeed, being a subject of the state, he has power as a local magistrate to solemnize marriage, or, being a foreigner, he has the same power as clergyman, he may do it, but, in either case, not in his capacity as consul;" see Atty. Gen. Vol. VII, p. 343, 1855, U. S. Consul is legally incapable of solemnizing marriage without authority of the local government; see Atty. Gen. Vol. VII, p. 343, 1855, U. S. (B.) Arbitration Consul has no judicial power but acts as arbitrator in certain cases; see Atty. Gen. Vol. VIII, p. 382, 1857, U. S. "When a consul intervenes in a controversy between master and seamen, by mutual consent of the disputants, he acts as an arbitrator and not as consul;" see Atty. Gen. Vol. XXI, p. 201, 1895, U. S. PROTECTION OF NATIONALS Treaty with Austria gives Austrian consul right to apply to local authorities for protection of his countrymen; see Von Thodorovich v. Franz Josef, 1907, U. S. Sailors generally under jurisdiction of consul of nationality of ship for matters concerning shipping, but in other cases, and in those of special gravity, the consul's duty to care for nationals revives; see Two Friends, 1799, G. B. "Officious" letters of British consuls were not allowed to be read in court when the United States government felt that the British government was attempting to violate the neutrality laws of the United States; see Atty. Gen. Vol. VIII, p. 469; 1855, U. S. Consul intervenes to prevent the state of Louisiana taxing an estate contrary to treaty; see (Succession of) Dufour, 1855, U. S. Consul of Oldenburg charged with the duty of looking after prizes and nationals detained as prisoners of war and making the necessary intercessions before the proper tribunals to procure them their liberty; see Viveash v. Becker, 1814, G. B. Consul's functions "are purely of a commercial nature, and such as properly belong to a consul, those of advice and intercession and there is no one function of state purposed to be performed by him as representing the sovereign of his state; see Viveash v. Becker, 1814, G. B. Consul intervened to secure the release of an imprisoned American; see Atty. Gen. Vol. XXII, p. 32, 1898, U. S. Protection of Filipinos and Porto Ricans by American consuls; see Atty. Gen. Vol. XXIII, p. 402-404, 1901, U. S. Statutes for care of destitute seamen do not apply to Filipinos; see Atty. Gen. Vol. XXIII, p. 402, 1901, U. S. DUTIES IN CARING FOR THE INTERESTS OF ABSENT OR INCAPACITATED NATIONALS See Stewart v. Linton, 1902, U. S.; St. John v. Croel, 1843, U. S.; Riley v. The Obell Mitchell, 1861, U. S. (A.) Care of minors Consuls should repatriate a minor stowaway; see Luscom v. Osgood, 1844, U. S. Consul's duty to look after estates left to minors; see Atty. Gen. Vol. VIII, p. 100, 1856, U. S. Consul may not appear for an infant, party to proceedings, so as to give the surrogate's court jurisdiction of such party, without the issuance of a citation; see (In re) Peterson's Will, 1906, U. S. |