  Consular duties, like household duties, are very numerous; and about as multiform as they are numerous. The mere mention of them, aside from any description or dwelling upon particulars, would leave little time for anything else to be said in the same lecture. We shall content ourselves, therefore, with a cursory view, a glance over the whole field of those duties, without stopping to distinguish between those of a consul and those of a consul general, or of a seaport and of an inland town.
There are a few others, such as duties in regard to extradition, the purchase and transference of foreign built vessels, etc., etc., which we shall term miscellaneous. DUTIES COMMERCIAL.The most important of these—the one indeed which is now, as it always has been, of “1. Conditions of foreign commerce and internal trade, manufacturers, mechanical industries, agriculture, etc., especially— “(a) Statistics of exports and imports, of shipping and of revenue and expenditure of the country; amount of public debts, national and local; rates of taxation, character of taxable basis, how taxation is levied and collected, amount of taxation per capita, etc.; value, actual value in exchange, and also as measured by the dollar of the United States; changes in purchasing power of the currency; banking—new systems, especially of savings banks and of banks as associations for lending money to agriculturists, mechanics, and factory operatives; public loans and the matters of finance affecting the industry or commerce of the country; commercial credits—rates and “(b) Improvement of old and development of new industries, including inventions or discoveries, and the result obtained from the practical application of them. “(c) Introduction of inventions made in the United States or imitations of them; application of business or mechanical methods employed in the United States. “(d) Importation and use of food supplies, raw materials and manufactures from the United States, or the possibility of introducing them, and local or race requirements to make them acceptable to foreign consumers. “2. Facilities for direct and indirect communication with the United States—establishment “3. Development or decline of commercial and manufacturing centers; causes of drift of agricultural population to towns and cities; diversion of trade from one local market or district to another; projects for great manufacturing or other industrial enterprises for harbor or river improvement, for better methods of lighting, street paving, water supply, sewerage and disposal of sewage, economy of municipal taxation and expenditure; hygienic and quarantine measures; police systems, urban and rural. “4. Changes in economic condition of producing communities, urban and rural; fluctuations “5. All changes in tariff legislation, including new rates of export, import, or transit duties, special care being taken to state whether Man surrounded by stacks of paper “6. Legislation or proposed legislation of interest to farmers, merchants, mechanics, inventors, etc., such as changes in patent, trade mark, and copyright laws; laws to prevent adulteration of food, or to prohibit importation or sale of adulterated or impure food; “7. Undertakings and enterprises of moment—the construction of public works, the opening of mines, the granting of concessions for working minerals or forests, or for other similar purposes”. This is an admirable list for any one to study if he would learn what are the signs of a nation’s material prosperity. It deserves further comment because of its importance to the consular service, but we must pass on. DUTIES IN CONNECTION WITH THE CUSTOMS REGULATIONS.A large share of the routine of every consulate is concerned with the customs regulations, certifying to invoices, guarding against fraud, keeping account of all transactions and reporting the same to the State Department. DUTIES TO MERCHANT VESSELS.An American merchant vessel sailing from an American to a foreign port is required under penalty to deposit its register and also its sea letter with the American consul immediately upon reaching its destination. “It is usual also to deposit its crew list and shipping articles”. These documents are known as the “ship’s papers”, and are kept by the consul until the ship has received “clearance”. The consul is required to give the masters DUTIES IN CASE OF WRECKS.No consular officer is permitted to take any action in case of a wreck, if the “owner, master or consignee thereof is present and capable of taking possession of the same”. If no such person is present, the consul is required, so far as the laws of the land permit, to take all necessary action for the preservation of vessel and cargo, and keep inventories of the same, together with the expense involved. The consul must make a full report of such wrecks to the State Department, whether they occur within his jurisdiction or are brought in. In case Americans are shipwrecked the consuls are required to “render such assistance as may be in their power”, but they are not authorized to incur any expense with the expectation Whenever foreigners render aid to shipwrecked Americans, the Consul is required to forward to the State Department an account of the facts, giving the name of the master of the foreign vessel and those of the crew who especially distinguished themselves for heroism or humanity. These details should be quite exact, as they are to be laid before the President, who is authorized by Congress to make suitable acknowledgment. In some cases the consul may reward a rescuing crew out of funds at his disposal. DUTIES TO OFFICERS—NAVAL AND DIPLOMATIC.Duties to naval officers were mentioned in connection with “rank” in the preceding lecture. Officers of the Navy are under a reciprocal duty to consuls, however, which should be mentioned. On this point I quote the exact words of the Regulations. “The Navy is an independent branch of the service, not subject to the orders of the Department The diplomatic service has general supervision over the consular service in any one country. When there is a consul general, this supervision is exercised through him, and the consuls will not correspond officially with the diplomatic officers—except in reply to inquiries. Where there is no consul general the consuls will correspond directly with the diplomatic officials and “endeavor in all cases to comply with their requests and wishes”. Leaves of absence and recommendations for appointment of subordinate officers are usually sent through the diplomatic officers. “Consular officers will confer freely with the Treasury revenue agents who may be appointed to visit and examine the consulates. They will remember, however, that these agents have no authority to instruct them as to their official acts”. DUTIES OR RELATIONS TO SEAMEN.To no other class of citizens, save in uncivilized countries, does the consul stand in such immediate relationship as to seamen. This would seem to be because as a class, since their occupation takes them to all parts of the world and away from the protection of their own country, and, moreover, because they are laborers and not men of means, they are more at the mercy of circumstances as well as of unscrupulous masters in foreign lands. On the other hand, justice to the masters also requires national authority to enforce
A master of an American merchant vessel who engages any seamen in a foreign port must do so under penalty in the presence of the American consul and only with his sanction. The engagement must be signed in duplicate by both master and men in the presence of the consul, who must see to it that the seamen understand clearly the terms of the contract. Seamen may be engaged for a definite time, for a round trip, for a single voyage or “by the lay”, and the terms of the agreement are called the “shipping articles”. In An American seaman is (1) an American citizen or (2) a foreigner shipped in an American vessel in an American port or (3) a foreign seaman shipped in an American vessel in either an American or a foreign port, who has declared his intention in a competent court to become a citizen of the United States and has served three years thereafter on American merchant vessels. For purposes of protection the filing of the declaration is sufficient. A consular officer may discharge a seaman upon his own or his master’s application, provided the terms of the agreement have been fulfilled. He is also to give a certificate to that effect to the seaman. Other cases where American seamen are discharged abroad are for sickness, misconduct, on the sale of American A consul in discharging a seaman, must see to it that his wages are paid, otherwise “he shall be held accountable to the United States for the full amount thereof”. It is the duty of the consul to provide for destitute seamen, to secure their transportation to the United States at government expense, subject always to certain conditions, and to take charge of their effects upon their death at sea or in port. One of the many interesting points in international law is that of “mixed jurisdiction”, as it is called, or jurisdiction within a harbor. A dispute on shipboard on the high seas is clearly within the jurisdiction of the country under whose flag the vessel is sailing, but when the vessel comes into the harbor of another country it is just as clear that the jurisdiction of that country is superior. As a matter of practice, however, it has long been found best to allow all such controversies occurring on shipboard within a harbor to be tried by the law and authorities to which the vessel is subject, provided, of course, that “it does not involve the peace or dignity of the country, or the tranquility of the port” where it occurs. In all such cases the consul, as the representative of his government, acts as an officer of justice. This hurried review of the consul’s relations to seamen leaves a great deal unsaid, but the main points, at least, have been touched upon. Let us now turn to IMMIGRATION.The old idea that this land is an asylum for all kinds and conditions of men is now happily exploded. The classes of aliens now excluded are as follows:
Every master of a vessel having on board immigrants bound for any port in the United States is obliged upon arrival to submit a manifest to the inspector of immigration. A manifest is a list of the immigrants on board, with a general description of each one, giving name, age, sex, nationality, ability to read and write, calling or occupation, means, destination, etc. This must be subscribed and sworn to by the master in the presence of the consul before the vessel can leave port, and in like manner the surgeon of the vessel must take oath that he has made a personal examination of each one and finds everything satisfactory. QUARANTINE.Before clearing for any American port any vessel in a foreign port must procure from the consul a “bill of health”, which is a certificate to the effect that the sanitary conditions of DUTIES TO CITIZENS OTHER THAN SEAMEN.Citizens going abroad for business or pleasure may find it to their advantage to inquire into the consideration that Uncle Sam is prepared to show them when abroad. The freedom of travel you enjoy at home is a small thing until, in a foreign land, you find yourself confronted by an officer of the law demanding your passports. Besides, there are numerous little official courtesies for which the traveler or sojourner will be very grateful, and in cases of emergency assistance may be rendered far beyond all adequate reward. As was said before, passports may be procured from the State Department, otherwise A consular officer may verify or visÉ (pronounced vee-zÁy) a passport by writing on it the word “good” in the language of the country, and affixing his official signature and seal. Diplomatic representatives should visÉ passports only when there is no consulate in the city where the legation is situated. A visÉ is good only in the country where it is given. Restricted The government affords all the protection it can under the circumstances. Of course it can have no jurisdiction in criminal cases, except in uncivilized countries, and it can have no civil jurisdiction except by treaty or by the law of the land. “The right of a citizen to claim protection is founded upon the ‘correlative right’ of his country to his ‘allegiance and support.’” Consuls are “particularly cautioned not to enter into any contentions that can be avoided, either with their countrymen I have quoted this passage almost entirely because it is the best expression to be found, probably, of the general attitude of the Government of the United States toward its citizens abroad. Citizens intending to sojourn abroad should register at the consulate within which they are to reside. This is not required, but it may be a great convenience both ways. Who are citizens? (1) “All persons born in the United States and subject to the jurisdiction thereof”; (2) all children born to such natives, even if beyond the jurisdiction of the United States; (3) “any white woman, or woman of African nativity or descent, or Indian woman, married to a citizen of the United States, is a citizen thereof”; (4) naturalized citizens; (5) the minor children of naturalized citizens. “An official letter of introduction, when given to a citizen of the United States, is valuable to the holder for prompt identification in Consuls are not allowed to give their names as business references, nor to report the financial standing of houses in their districts. Such requests should be referred to banks or business agencies. “Consular officers are not authorized to indorse notes or bills of exchange, nor in other ways to become responsible pecuniarily for American citizens or others who have no personal claims upon them.” Such transactions are not a part of the official duties of a consular officer. He is “not authorized to lend money to indigent citizens of the United States or others, nor to incur expenses or liabilities for any persons except seamen of the United States, in the expectation of reimbursement by the Government”. According to international law the mode of solemnizing marriage conforms to the law of the place where it is performed. But there are many conceivable circumstances which might make this undesirable, and in such cases it is declared by the statutes that “marriages in presence of any consular officer of the United States in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, shall be valid to all intents and purposes, and shall have the same effect as if solemnized within the United States”. In all such cases the consul must give a certificate to each of the parties and forward a copy to the Department of State. In case of the death of an American citizen abroad, it is the duty of the consul to take possession of his estate, provided there The same proceedings as the above are followed in case a citizen dies on the high seas “on either an American or a foreign vessel, JUDICIAL DUTIES—IN NON-CHRISTIAN COUNTRIES.The use of the term “non-christian”, which in the present day is giving place to “uncivilized”, is as old as the consular system itself; that is to say, it has come down to us from mediaeval times when the consular system originated. It might still have been retained had it not been for the progress of one country, Japan, which may be better described as civilized rather than Christian. The judicial power of a consul, therefore, remains as a relic of mediaevalism, and it remains because the need remains; for just as civilized countries five hundred years ago were unwilling to look to the Turk for justice, so they are to-day, and treaties to that effect secure Turkish recognition of this humiliating state of things. As it is with Turkey so it is with China, Korea, Siam, Persia, Madagascar, Borneo, etc., the treaties varying considerably in each case. From the tiresome details of Title XLVII, U. S. Revised Statutes, which deals fully with courts of this character, the following points may be gleaned: (1) Cases arising between Americans are tried before American officers. (2) Cases arising between Americans and others not natives are arranged by their respective consular officers; in Turkey they are tried in the consulate of the defendant. (3) Cases arising between Americans and natives are tried before an American tribunal in China, Siam and Madagascar; before a mixed tribunal in Persia, the Barbary States and Turkey. It is rather startling to notice the power entrusted to one man, as is done by our government In trials for capital offenses there must be four advisers, and their judgment must concur with the consul’s, and their combined judgment must be approved by the minister before there can be conviction. In some cases appeal may be made to the minister and rarely to a U. S. circuit court, but in general the decision of the consul is final. Hence, although the power of life and death is lodged in the hands of the consul, it is well safeguarded, and the danger of its abuse is more apparent than real. There are some miscellaneous duties devolving upon the consular service which we EXTRADITION.Whenever a criminal attempts to escape justice by fleeing to another country it is a delicate matter to recapture him, necessarily; for aside from the ordinary difficulties of the case the powers add a few by their carefulness to preserve each other’s dignity in such matters. Thus the pursuit of a criminal by the officers of one country into the territory of another, even when permitted by treaty, may result in a rather awkward state of things, especially if what is regarded as a crime in the one is not so much of a crime in the other. For instance, suppose that the laws of Canada regarding embezzlement are not as stringent as are those of the United States, or suppose she hasn’t any at all: one can see that a request by our Government for the extradition of an embezzler might strain international courtesy more than a trifle. A treaty is a prerequisite to extradition in any country, and fortunately our Government has such treaties with most Whenever a warrant or “requisition” is made for a fugitive criminal it is usual to act through a diplomatic officer. If it is made through a consul it must first be with the sanction of the State Department. TRANSFER OF FOREIGN VESSELS.The right of citizens to purchase foreign-made vessels abroad involves the right to the protection of those vessels. A vessel cannot sail the high seas without registration and a flag; for if she does she is liable to seizure as a pirate. Hence the ceremony of transfer in such a case must be attended to by the consul. Ordinarily this does not imply any great responsibility, but while a war is in progress it is a very different thing, no matter whether we are neutrals or belligerents. To illustrate: Suppose during the recent war the owner of an American vessel wished to put it out of danger by putting it under a neutral flag. This he might do by a pretended sale to a citizen of a foreign country through the connivance of WATCHING ENEMY’S VESSEL.In case of war with another power the consuls are required to keep watch on the movements of the enemy’s vessels and report promptly to the Department. AS A FOREIGN AGENT.During the progress of a war between two foreign states our consuls may as a matter of courtesy to one or both of them take charge of its consular offices and effects. This must be with the permission of the Secretary of State, however, and the Government assumes no responsibility for the acts of the consuls. DUTIES TO THE STATE DEPARTMENT—AND OTHERS.The consular service may be likened to a great reporting system. The consuls are reporters, their offices are news agencies, their field the world, their managing and publishing office the State Department, their organ the This, I trust, will serve as a brief conspectus of consular duties, and now we will listen to questions. After dismissal a group of men including a “We suppose, Professor,” said one of them, “that it is rather aside from your purpose to tell us how to reach foreign trade—how to get our goods on the market—and yet it is the very thing we need to know; so if you can give us any further light we shall appreciate it”. “I am very glad to hear you say so”, said the Professor, “for that is just what the consular service is intended to do, while my purpose is to serve as an introduction committee between you and the service. You will find in the syllabi the name and address of every member of the consular and diplomatic services all over the world, and they, no doubt, will furnish you all the information you need. The Regulations, indeed, have this to say: ‘Inquiries made by citizens of the United States touching business matters, or other “But why not write at once to the State Department”? “That may be just as well. The supposition is, however, if you know in what country you expect to find your market the consular service there can give you the most help, because the local conditions are known. If you do not know where to find your market, you should at least familiarize yourself with the Consular Reports, the ‘advance sheets’ of which give the latest news from foreign markets. If you are exporters you will have no difficulty in obtaining these through your Congressmen”. “Don’t you suppose, Professor, that a handbook of directions to shippers could be prepared by the Government—something to show how goods should be manufactured or packed, as well as cost of transportation, customs duties in foreign ports, etc.”? “Farming machinery”. “Well, now let us suppose you have discovered that there is a market for your merchandise in Argentina. Suppose, too, that the horses in that country are of lighter draft than ours: then your machines must be lightened correspondingly, and this involves a good deal of detail. Again, their soil will differ from that for which you are manufacturing, consequently you may have to change the shape of your plows, or the construction of your harrows, or the size of your drills. Again, one must make sure that the natives can handle intricate machinery before sending any twine-binders, steam-engines, etc. Then, too, you must learn the strong and the weak points of the machinery with which you are to compete. So you see, when it is remembered that we “Well, as a matter of fact, I haven’t seen much of the Consular Reports”, said one. “Nor I, either”, said several others, as they turned to go. Man carrying suitcase and oversized passport |
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