Evidence of CHAPTER XXXI. ATTENDANCE OF CONSULAR OFFICERS AS WITNESSES IN COURT. 638. By the second article of the consular convenconsular offi- tion between the United States and France, of Febcers in judicial proceedings. ruary twenty-three, eighteen hundred and fifty-three, it is stipulated that consular officers shall never be compelled to appear as witnesses before the courts. When any declaration for judicial purposes, or deposition, is to be received from them in the administration of justice, they shall be invited in writing to appear in court, and if unable to do so, their testimony shall be requested in writing, or be taken orally at their dwellings.1 By provisions in some of our treaties with other powers, the above privilege may be claimed by them for their consuls resident in the United States. Duty of consu testimony invitation. on 639. Though United States consuls in France are lar officers to not subject to compulsory process for the purpose appear and give of being brought into court as witnesses, yet it is their duty, on invitation, to appear and give their testimony unless necessarily prevented. They have no right, on account of their official position, or disinclination or personal inconvenience, to refuse compliance with such invitation. Business engagements will not be regarded as a valid excuse, unless they be 1 Statutes at Large, vol. x. p. 993. of such a character that interruption would necessarily result in a serious injury to our government or citizens. 640. If the testimony of American consular officers No obstacles to is required for the proper administration of justice in be interposed by consular a foreign country, it ought to be made available, ex- officers in obcept under extraordinary circumstances, for that pur- taining testipose, and the government of the United States expects they will be careful to throw no obstacles in the way of obtaining it. mony. after a refusal 641. Should an American consular officer, to whom Duty of a conthe exemption from compulsory process is given by sular officer the consular treaty above referred to, or any other to appear and treaty, refuse, for what he may deem a good cause, give testimony. to comply with an invitation to appear in court, or before a proper authority, to give testimony, he is directed forthwith to communicate the fact of his refusal to the Department of State, and to state clearly and fully the reasons for such refusal. A refusal, without good cause therefor, will be regarded Consequences as an act of disrespect toward the government within of whose jurisdiction he resides, and as a sufficient reason for his removal. refusal without good cause. CHAPTER XXXII. Foreign com CONSULAR REPORTS AND RETURNS. 642. By an act of Congress approved August 16, mercial regula- 1842, it is made the duty of the Secretary of State Con- to lay before Congress, annually, at the commence tions to be laid gress. Other commer cial tion to be communicated. ment of its session, in a compendious form, all such changes and modifications in the commercial systems of other nations, whether by treaties, duties on imports and exports, or other regulations, as shall have come to the knowledge of the Department.1 643. This act was so amended by an act approved informa- August 18, 1856, relating to foreign regulations of commerce, as to make it the duty of the Secretary of State to lay before Congress, as a part of said report, all other commercial information communicated to the Department by consular and diplomatic agents of the government abroad, or contained in the official publications of other governments, which should be deemed sufficiently important.2 Consular offi 644. To enable the Secretary of State to make cers required such report, it is declared to be the duty of consuls commercial in- and commercial agents in foreign countries to procure to transmit formation. and transmit to the Department of State authentic commercial information respecting said countries, of such character and in such manner and form, and at such times as may, from time to time, be prescribed by the Department. 1 Statutes at Large, vol. v. p. 507. Ibid. vol. xi. p. 139. miss in their 645. It is also made the duty of the Secretary of Names of conState to specify in the report the names of any of sular officers rethe said officers who may have been remiss in their duty to be reduty enjoined by the said act. ported to Con gress. regulations for officers. 646. By the twenty-second section of the act reg- Secretary of ulating the diplomatic and consular systems of the State required United States, it is made the duty of the Secretary to prescribe of State to prescribe such regulations, and make and the government issue such orders and instructions, not inconsistent of diplomatic and consular with the Constitution or any law of the United States, in relation to the duties of all diplomatic and consular officers, the transaction of their business, the rendering of accounts and returns, the payment of compensation, the safe keeping of the archives and public property in the hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, sciences, manufactures, agriculture, and commerce, from time to time, as he may think conducive to the public interests; and all such officers are required to conform to such regulations, orders, and instructions. He is likewise required to Information republish official notifications, from time to time, ofceived from such commercial information communicated to him agents to be by such diplomatic and consular officers as he may published, and deem important to the public interests, and to report ported to Conto Congress, at least once in each year, a synopsis of so much of the information on all subjects which shall be so communicated to him as he may deem valuable for public information. Reports to be made to the Secretary of State. government also to be re gress. 647. Consular officers will therefore transmit, as Character of soon as they are published, statements of all changes information re quired. in the commercial systems of the governments to which they are accredited, copies of all commercial treaties, regulations, light-house notices, revenue laws, acts and regulations respecting warehouses, tonnage duties, and port dues, all tariffs and modifications thereof, and all enactments, decrees, royal orders, or proclamations which in any manner affect the commercial, agricultural, mining, or other importEndorsement of ant interests of the United States. All despatches commercial communicating information of this character must be despatches. Annual report of consular officers; informa endorsed "commercial information," and be strictly confined to this subject. If the information is contained in printed newspapers, circulars, pamphlets, or public documents, two copies must be sent. 648. All consular officers will forward to the Department of State, at the close of each year, ending tion required. September thirty, so that the information can be communicated to Congress at its session immediately thereafter, a report on the trade of the consular districts in which they respectively reside during the preceding year, specifying the articles of import and export, the countries which supply the former and receive the latter, the comparative increase or decrease in the amounts of the same, and the causes in both cases for either; the general regulations of trade and their effects, the average market prices within the year of the staples of export and import, and the average rates of freight to the United States. They will also designate articles prohibited to be imported into their consular districts, whether from the place of their growth or production or from other places, specifying what changes have occurred since their last reports; and also all privileges of importa tion or restrictions thereon, if such there be, and to |