Privileges ac- 315. His commission and exequatur will enable corded by a him to exercise and enjoy all the rights, exemptions, consular exe- privileges, and powers to the same appertaining, and quatur. made, and in ventory quired. re such as are usually granted to consuls in the country in which the consulate is situated; and he should seek for none other without authority from the Department of State. Application for 316. Having obtained either his exequatur, or perarchives to be mission to act as commercial agent, he must then apply to the person having charge of the consular seal and the archives of the consulate, for their delivery to him; and having made an inventory, jointly with his predecessor if present, of the papers, books, and other effects, he must transmit a copy of such inventory, properly dated, signed by both parties, or, in the absence of his predecessor, by himself, to the Department. He will likewise transmit, both to the Secretary of State and to the Secretary of the Treasury, a certificate, also dated, of this fact, (Form No. 134,) to be executed jointly by himself and the outgoing consular officer, if present; he may then take charge of the seal, archives, and effects of the consulate. Disposition of 317. If there are any public funds in the hands of public funds. his predecessor, he will take charge of them, unless they are the proceeds of the effects of an American citizen who died intestate more than a year previous, and which, according to section two of the act of April 14, 1792,' should have been remitted to the Treasury of the United States; in which case the consul who received the same should make the remittance. Public notice to be given. 318. Having entered upon the duties of his office, 1 Statutes at Large, vol. i. p. 255. the consul must immediately give notice thereof to the Department of State, to the minister of the United States in the country in which he is appointed, and to the consuls of the United States residing in the same country, and the consuls of other countries in the neighboring ports. ted States arms 319. The arms of the United States should be Regulations in placed over the entrance of the consulate, if permit- regard to United by the laws of the country; and, wherever such and flag. custom prevails, the national flag should be hoisted daily for his protection, and as the emblem of his authority. The flag is to be unfurled on the national holidays of the United States, on days of public rejoicing in commemoration of great events, and on public anniversaries and festivals of the country wherein the consulate is situated. It is to be raised and lowered according to custom as a salute on proper occasions, and kept one day at half-mast upon the death of any high public officer at home, American ship-master at the port, or distinguished individual within the district or country where the consular officer resides. ventions, tar 320. It is his duty immediately to become conver- Knowledge of sant with all treaties and conventions existing be- treaties, contween the United States and the country wherein he iffs, etc., reresides, and especially with their respective tariffs quired. and all enactments relating to trade; also with the municipal laws and local regulations, and, as far as possible, with the language, history, statutes, manners, and customs of the country in which his consulate is situated. 321. No consular officer must be absent from his Absence forpost, or the performance of his duties, for a longer bidden. period than ten days at any one time, without the Office hours office. permission previously obtained of the President, through the medium of the Department of State; and no compensation is allowed for the time of any such absence, except in cases of sickness, and where permission has been granted through an application to the Department of State.1 Whenever a consular officer makes application to the Department for leave of absence, he should, at the same time, state the name of the individual whom he nominates as vice consul during his proposed absence; the name of this individual must have first been presented to the Minister of the United States and received his sanction. After having obtained leave from the Department, the consular officer must apprise the Legation of the United States of that fact, and also of the day of his departure from his post. 322. Every consular officer is required to have his and location of office in as central a position as can be conveniently procured, and to keep it open daily during the usual business hours of the place-Sundays, holidays, and anniversaries excepted. Consular offi cers. 323. The offices of consular officers of the first class, named in schedule B, who are not permitted to engage in private business, must not only be in a central and respectable location, but must also be used exclusively for the business of the consular office. Any violation of this regulation subjects the officer to the loss of the allowance for rent, which the President, through the medium of the Department of State, is authorized to permit, whenever he shall think there is sufficient reason therefor.2 1 Statutes of the United States, vol. xi. p. 56; Opinion of Attorney General Black, MS., Sept. 21, 1857. 2 Statutes at Large, vol. xi. p. 60. CHAPTER XVIII. INSTRUCTIONS RESPECTING THE CORRESPONDENCE OF A 324. ALL communications addressed to the De- Style of consupartment, as well as enclosures, must be written on lar despatches. cap paper on whole sheets, in a fair, round hand, leaving an inch margin on each side of the page, and the distance between the written lines must correspond with that of the ink lines which are sent to every consular officer with the notice of his appointment. (Form No. 135.) Consuls will instruct their Agents' desagents to observe the same form. page first patches. be numbered, and confined to one subject. 325. Despatches to the Department must be con- Despatches to secutively numbered, both at the top of the first and on the endorsement, beginning with the despatch of the consul after receiving notice of his appointment, and continuing in order until he retires from office. Each despatch is, as far as possible, to be confined to one subject. In transmitting enclosures in despatches, the contents of those enclosures are to be briefly stated in the body of the despatch, and attention is to be directed to such points contained in them as may appear to be particularly deserving of notice; this regulation should be carefully observed. The despatches addressed to different Departments, or to the Fifth Auditor, or Comptroller, must be regarded as forming distinct and separate series, each of which is to be numbered consecutively. a foreign language to be Enclosures in 326. Should such enclosures be in any foreign language, exact copies of the originals are to be fortranslated. warded, and also translations of them if convenient. to 327. Wherever it is mentioned in a despatch that Enclosures Printed enclosures. Endorsements patches and enclosures. a paper is enclosed, a line is to be made in the margin, (thus, No. 1.) and above such line is to be placed the number corresponding to the number of the enclo sure. 328. Each series of enclosures is to be numbered anew in each despatch, commencing with No. 1; and when there are more enclosures than one in a despatch, each enclosure is to be numbered in the order in which it is to be read. 329. When printed papers are sent as enclosures in despatches, two copies, if they can be conveniently obtained, should be forwarded; when these enclosures relate to regulations of trade or changes in tariffs, two copies at least should always be sent. 330. All despatches, and the enclosures, are to be upon des- endorsed according to the prescribed forms, (No. 5 and No. 6.) The endorsement of the despatch must state the place where, and the time when it was written, in the first line; the name of the writer in the second; the number of the despatch in the third; the number of its enclosures, if any, in the fourth; the word "Received" in the fifth, with a blank after it for the date of the day on which the said despatch shall be received; and in the sixth and following lines, a short abstract of its contents. The endorsement of the enclosure must state what the enclosure is, (whether it be a letter or any other document,) its date and its number; and it must also contain a reference to the number of the despatch in which it is transmitted. |