CHAPTER XXIV. DUTIES OF CONSULAR OFFICERS IN RESPECT TO CITIZENS OF THE UNITED STATES. at his post. American citi zens. 468. Ir is the duty of a consular officer (unless Presence of absent with the permission of the President) to be consular officer always at his post,1 to watch over and protect, so far as he may be able, the commercial interests of his fellow-citizens, and to be ready to assist them with his advice, when asked, on all doubtful occasions. 469. In the event of any attempt being made to Duty toward injure American citizens, either in their persons or property, he will strive to uphold their rightful interests, and the privileges secured them by treaty, by due representation in the proper official quarter. He will, at the same time, be careful to conduct himself with courtesy and moderation in all his transactions with the public authorities, and upon no account to urge claims on behalf of citizens of the United States to which he may not, after a faithful examination, believe them justly entitled. 470. If redress cannot be obtained from the local Mode of seek grievances. administration, the consular officer will apply to the ing redress of legation of the United States, if there be one in the country where he resides; and in all cases he will transmit copies of his correspondence on the subject, with a succinct report of his proceedings, to the De 1 Statutes at Large, vol. xi. p. 59. Contentions to be avoided. Compensation vices. partment of State, and also observe strictly the instructions which he may from time to time receive upon the subject, either from the legation or from the Department. 471. Consular officers are cautioned not to engage in any contentions with the authorities of the places where they reside, but to observe on all occasions toward them a courteous but firm and dignified demeanor; and they will be careful to avoid the expression of private or excited feeling in their official communications. 472. Consular officers are often called upon, by for notarial ser- their fellow-citizens at home, or by those temporarily residing within their consulates, to investigate titles to property, examine official records, and prepare legal or notarial papers. For compensation for such services no provision is made by law; and it cannot reasonably be expected that consular officers should perform them gratuitously. Whenever application is made to them for such purposes, they will either transact the business themselves, the rate of compensation being determined either by agreement or the custom of the place, or refer the individual making the request to a competent attorney or notary. Consular offi to administer 473. By the twenty-fourth section of the act of cers authorized August 18, 1856, the consular officer is authorized, oaths and per- whenever he shall be required, or may deem it necesform notarial sary or proper so to do, within the limits of his con services. sulate or commercial agency, to administer to or take from any person, an oath, affirmation, affidavit, or deposition, and also to perform any notarial act or acts, such as any notary public is required or authorized by law to do or perform within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, is as good, valid, and effectual, and of like force and effect within the United States, to all intents and purposes, as if such oath, affirmation, affidavit, deposition, or notarial act had been administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. It is further provided, that if any Penalty for person shall wilfully and corruptly commit perjury, perjury. or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with, in any district of the United States, in the same manner, in all respects, as if such offence had been committed in the United States before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence. Any document purporting to have affixed, impressed, or subscribed thereto or thereon, the seal and signature of the officer administering or taking the same in testimony thereof, is to be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall Penalty for forforge any such seal or signature, or shall tender in gery. evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false and counterfeit, he shall be deemed and taken Offences com to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. 474. If a citizen of the United States be charged mitted at sea with a criminal offence alleged to have been commitpunishable in the United ted at sea on board of an American vessel, it will be States, and of the duty of the consular officer to require that the fenders to be individual so accused be delivered to him, to be sent demanded. Offences com home for trial. 475. If, however, the offence be committed on mitted in port; board an American vessel in a foreign port, the conby whom cognizable. sular officer can exercise no jurisdiction in the premises, except under the provisions of express treaty stipulation, established usage, or through the courtesy of the official authorities of the country, who, from motives of international comity, may refer the matter, at the request of the consular officer, for adjudication to the judicial authorities of the United States. Extent of na tion. 476. Circumstances of recent occurrence make it tional jurisdic- advisable for consular officers clearly to understand the limitation of their consular jurisdiction over the crews of American vessels in foreign parts. The general principle of law, as stated by the Supreme Court of the United States, is, that the jurisdiction of a nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced to the consent of the nation itself, which possesses an exclusive right to regulate persons and things within its own territory, according to its own sovereign will and public policy.1 When private individuals of one nation spread through another, as business or caprice may direct, mingling indiscriminately with its inhabitants, or where merchant vessels enter its harbors for the purposes of trade, it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction, and the government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the country. com an American any of its pas 477. If any offence be committed on board any Offences American vessel within the jurisdiction of any foreign mitted on board State, by any person belonging to the company of the vessel in a forvessel or any passenger, on any other person belonging eign port by to the company of the vessel or any other passenger, sengers or crew it is provided by law, that the offence shall be cog- punishable in nizable and punishable by the proper circuit court of the United the United States, if the offenders are brought to this country, in the same way and manner, and under the same circumstances, as if the offence had been committed on board of said vessel on the high seas, and without the jurisdiction of the said foreign State.2 States. United States 478. It is undoubtedly true, that the State and Jurisdiction of Federal courts of the United States could, if they Federal and chose to do so, and would, on any proper occasion, State courts. exercise jurisdiction over any foreign merchant vessel and its company, in any of our ports, even in regard to transactions which might take place within our territory between the members of that company; and 1 Cranch's Reports, vol. vii. p. 136; Story, Conflict of Laws, p. 19; Phillimore, vol. i. p. 233. 2 Statutes at Large, vol. iv. p. 115; Phillimore, vol. i. p. 356. |