Under this section, the Consuls are instructed

1. Thatall seamen shipped as American seamen, are entitled to the benfit of its provisions, and they shall not be refused the relief provided for by it, under pretence that they are not really American citizens.

2. That the relief to be provided shall include board, lodging, and medical attendance, and clothing, when necessary; all to be on the most reasonable scale, consistent with the comfort and proper support of the individual.

3. That persons applying for relief be examined touching the manner of their being left destitute; and, if it shall appear from such examination that they have been discharged from any American vessel contrary to the provision of the third section of the act of the 28th February, 1803, or that any other provisions of the said act or other laws of the United States have been violated, in every such case it shall be the duty of the Consul to transmit a copy of the examination of the mariner to this department, with such other information as may enable it to cause prosecution to be instituted for such breach of the laws, designating the place at which the necessary witnesses will probably be found.

4. That, in all cases of such relief afforded, whether the seamen have received it, be returned to the United States or not, an exact account be furnished, in the half yearly returns made by the Consul, of the name of the individual, and of the ship, its master, owner, and the port to which she belonged, together with the sum expended, with vouchers, where, from the nature of the case, they can be procured.

ART. 36 Where piracy, mutiny, or any other offence against the laws of the United States, shall have been committed on board of any vessel of the United States coming into the consular district, it is the duty of the Consul, after taking the depositions necessary to establish the facts, to apply to the local authorities for means of securing the offenders while they remain in port, and to provide the means of sending them, without delay, to the United States for trial; and, in all such cases, where the vessel, on board which the offence was committed, is not bound to the United States, the Consul is directed to procure two of the principal witnesses to be sent home with the person accused; and he is at the same time, to transmit certified copies of all the depositions he has taken in relation to the offence; an exact detail of all its circumstances; and such information as may be necessary to secure the conviction of the offenders.

ART. 37. Great care must be taken in all cases of accusations against mariners, by their officers, not to confound a simple and casual disobedience of orders with the crime of mutiny, which has, in some cases, been made, in order to justify a discharge of seamen in a foreign port, contrary to the directions of the act: In this, as in all other cases, the Consuls are particularly instructed, while on the one hand they support the masters of vessels in the

exercise of their proper authority, on the other to discourage and prevent, all oppression of seamen by their officers. One essential object of the conlar appointment is the protection of this class of our fellow-citizens,whose habits of life require a kind of guardianship of their persons and interests in foreign countries; but, at the same time, a strict vigilance over their conduct.

127. SECTION 6. [Of the Duties of Consuls in granting Certificates and Passports.] ART. 38. Consuls are authorized to great passports to American citizens, which must be authenticated by their signature, and the consular seal, and must be in the form hereunto annexed. Great care and circumspection are required in the exercise of this duty, that passports be given to none but American citizens; and to give such passport to an alien, knowing him to be such, is an offence punishable by a fine of one hundred dollars, ($100,) to which the President will always add deprivation of office.

The same observations apply to certificates, that property belonging to aliens is the property of citizens, knowing the fact to be otherwise; by which offence a much higher penalty is incurred, the punishment being a fine not exceeding ten thousand dollars, ($10,000) and imprisonment not exceeding three years. Consuls therefore, in all such cases, will require such evidence as will show clearly that they had good reason to believe the truth of the facts they certify.

ART. 39. By the revenue laws of the United States, Consuls are authorised to give certificates of the landing of merchandize, to obtain the benefit of drawback. As great frauds upon the revenue have sometimes been committed by obtaining certificates without a due examination of the articles, Consuls are instructed to give no such certificates without personal inspection or full proof.

ART. 40. Authority is also given by the same laws to certify invoices of goods shipped to the United States; but the shipper is entitled to include in one invoice all the goods he may ship by the same vessel. On these, and on all other subjects relating to duties regarding the revenues, particular instructions will be given by the Treasury, which will be equally obligatory as if they had proceeded from this department.

128. SECTION 7. [Of the duties of Consuls with respect to the appointment of Consular Agents.] ART. 41. When there are several seaports in a consular district, to which American vessels resort, it is the duty of the Consul to appoint some fit person to be consular agent in such port, who shall correspond with, and make his returns to him, (the Consul,) who shall transmit copies of them with his own quarterly returns.

ART. 42. Great care must be taken in the selection of Consular agents. American citizens are to be preferred when other qualifications are equal; and when fit persons can be found who are not engaged in commerce, they are to be selected. The Consul is to be responsible for the official act of the

Consular agent appointed by him, and he must immediately give notice to the minister of the United States, near the government of the country where he resides, to the local authority of the place, and to this department, of such appointment.

129. [CHAP. 5. Rules for the General Conduct of Consuls, not reducible to either of the preceeding heals.] ART. 43. Every law, edict, or regulation, in any way affecting the commerce of the United States, or of any other country than that in which the consular district lies, must immediately be transmitted to this department; and, if it be a local regulation operating only on a particular port, the Consul must also give immediate notice thereof to the Minister, if there be any in the country to which the district belongs.

ART. 44. The Consuls are expected, once in three months at least, to write to the department, if it be for no other purpose than that of apprising the department of their being at their respective posts. They are not required to write oftener, unless in emergent cases, or where interest or business points out the propriety of more frequent communication. In their correspondence, they will note all events that bear upon the commerce of the country with the United States, and of our navigation, the establishment of new branches of industry in the extent of their consulate, and the increase and decline of those before established; they will make such suggestions as in their opinion, may lead to the increase of our commerce or navigation, and point out those which have a contrary effect, with the means that appear proper for avoiding them. Samples of manufactures, and specimens of produce which appear to be valuable articles either of export or import, if not generally known, should be sent, if not too bulky, with the consular letters; and if too bulky, may be addresed to the collector of some of our principal ports; also seeds of plants and grain which might be cultivated to advantage in the United States. In general, the duties of the consular office require an attention to whatever can promote the commerce and navigation of our country, as well as to the particular affairs of the individuals of our nation who may require the exercise of the consular function.

ART. 45. The Consuls are particularly cautioned not to enter into any contentions that can be avoided, either with their countrymen, or the authorities of the country in which they reside; referring questions of that nature to the Minister or to this department, and using every endeavor to settle, in an amicable manner, all disputes in which their countrymen may be concerned; countenancing and protecting them with the authorities of the country in all cases in which they may be injured or oppressed; but firmly refusing them support when they have been wilfully guilty of any infraction of the laws, particularly in any attempt to defraud the revenue; and giving aid to the proper officers in preventing any such practices, which, though they may prove a pecuniary benefit to the individuals concerned, leave a stain or the national character.

ART. 46. It is at all times the duty of consuls exercising the functions, and enjoying the privileges attached to their offices, scrupulously to abstain from all participation whatever, direct or indirect, in the political concerns of the countries to which they are appointed, and by whose governments they are severally acknowledged and recognized in their public characters; but it is, at the same time, no less their duty to report, freely and seasonably, to their own governments all important facts which may come to their knowledge, through authentic channels, touching the political condition of these countries, especially if their communications can be made subservient to, or may effect, the interest and well being of their own.

From the disturbed and unsettled condition of the republics of the South American, and United Mexican States, and the excitements there prevailing, it is especially desirable that the Consuls of the United States, in those states, should forbear intermeddling with their political or local affairs, in the smallest degree whatever, and that they should be equally on their guard against the enlistment of their feelings or sympathies upon the side of any of the political or sectional parties which divide them at the present time. In their letters, even to this department, upon such subjects, they will confine themselves to the communication of important or interesting public events as they occur, in as concise and succinct a form as may be convenient, avoiding all unnecessary reflec tions or criticism upon the characters or conduct of individuals; and they will, on no occasions, give publicity through the press, to opinions or speculations injurious to the public institutions of those countries, or the persons concerned in the administration of them.

150. [CHAP. VI. Of the Consular Uniform.] ART. 47. The consular uniform (as prescribed by the circular from this Department, dated August 8th, 1815, hereto annexed) must be worn on all visits of ceremony to the authorities of the place, and on all other proper occasions.

131. [CHAP. VII. Of the intercourse between the Consuls of the United States and the Officers of the Navy.] ART. 48. The rules laid down in the circular from this Department of the 25th of June, 1850, (hereunto annexed) are to be observed whenever a vessel of war of the United States visits the consular residence.

132. [CHAP. VIII. Of the Fees to be received by the Consuls of the United States.] The following are the fees allowed by law to be taken by the Consuls of the United States for services they may have performed:

1. For authenticating, under the consular seal, every protest, declaration, deposition or other act which captains, masters, marines, seamen, passengers, merchants, or others as are citizens of the United States, may respectively choose to make, the sum of two dollars-$2.

It would appear by the limitation to citizens of the United States, that the fee for this service was not designed to be prescribed where the service

In all such cases, therefore, where

was rendered to persons not citizens. the service is rendered to an alien, the Consul is at liberty to charge according to the fees allowed to notaries in the country where he resides.

2. For taking into possession, inventorying, selling, and finally settling, and paying, or transmitting, according to law, the balance due the personal estate of any citizen who shall die within the limits of his consulate, five per centum, on the gross amount of such estate.

If part of such estate shall be delivered over before a final settlement, two and a half per cent. is allowed on the part so delivered as is not in money, and five per cent. on the gross amount of the residue.

3. For granting a certificate of the delivery of merchandise under the revenue laws, one dollar-$1; and for administering the oath, twenty-five

cents.

4. For every verification and certificate of an invoice, two dollars-$2. But every shipper shall have a right to include all articles shipped by him in the same invoice.

5. For every certificate of discharge of any seaman in a foreign port, fifty cents.

6. And for receiving and paying the amount of wages due on such discharge, 2 per cent.

7. On the deposite of a ship's papers, the Consul shall give a certificate thereof, under seal; and, on the delivery of them, a like certificate, for which he is entitled, as above, to two dollars-82, each; making the whole of the fees for the deposite and delivery of the papers, four dollars-84, which is not to be exceeded.

8. No other or greater fees are to be charged to American citizens for the services above enumerated; but if American citizens or others require other services, they may be charged at the rate allowed to notaries in the same place for the same services.

13. [CHAP. Ix. Of the expenses to be allowed to Consuls.] ART. 49. When a Consul is put to any extraordinary expense, such as postage for public despatches, expenses in forwarding them when directed so to do, he shall be allowed the same in his account with the department, but no provi sion is made for his house or office rent, stationery, or other ordinary expenses of his office.

ART. 50. His accounts for the support of American seamen must be transmitted quarterly.

ART. 51. The Consul going to a place where there is no seal, flag, or arms of the United States provided for the Consulate, will be allowed the reasonable cost of the same.

EDWARD LIVINGSTON.