Duties of com CHAPTER XIII. COMMERCIAL AGENTS.1 288. THE official duties of United States commermercial agents. cial agents resemble, in most respects, those of United Mode of appointment. Recognition by States consuls. Similar instructions are given to both, subject to such modifications as are rendered necessary by the local laws or the customs of the places where these officers respectively reside. 289. Commercial agents are not, like consuls, appointed by the President, by and with the advice and consent of the Senate; nor do they receive a commission bearing the seal of the United States. They are simply executive agents sent abroad for the promotion and advancement of commercial interests, selected by the Department of State, corresponding with, and instructed and controlled by it; and they receive a certificate of appointment bearing the seal of the Department. Their appointment remains unchangeably one of the organic powers of the Executive, derived from the Constitution and not from an act of Congress. Like other executive officers connected with the Department, they are amenable to it, and subject to regulations issued from it.2 290. Their recognition by the authorities of the local authori- place where they reside, although important, in lutely neces- affording facilities to the proper performance of their ties not abso sary. 1 See Halleck's International Law, chap. x. pp. 239-269, "Of Consuls and Commercial Agents." 2 Opinions of the Attorneys General, vol. vii. p. 249. duties, is not always necessary. In some instances, though very rarely, these agencies are conferred upon persons who are directed to keep secret the trust confided to them. Appointments of this character do not necessarily require a recognition on the part of the government of the country, or of the authorities of the place where a commercial agent resides, though such recognition is always desirable. Commercial agents are sometimes appointed, rather than consuls, for the sole purpose of avoiding the necessity of recognizing an authority de facto, by requesting an exequatur, as application is rarely made by the government for exequaturs for commercial agents, except for such as reside in the dependencies of Great Britain. exequatur. 291. Should an official recognition by the supreme Mode of appliauthority of the country in which a commercial agent cation for an resides, or of which his district is a dependency, be thought necessary for the interests of the United States, the commercial agent will request the Depart- A commercial ment of State to apply for an exequatur. In no case agent prohibitwill a commercial agent make such application him- ing for an exeself to the foreign government. ed from apply quatur. commercial 292. Commercial agents, like other consular offi- Restrictions cers, are restricted from performing any official acts imposed on which are forbidden or not tolerated by the govern- agents. ment of the place at which they are appointed, and which have reference solely to such government and the citizens or subjects owing it allegiance.1 1 Manuscript Instructions, September 6, 1854. CHAPTER XIV. Consular agents defined. Where to be appoint ed. CONSULAR AGENTS. 293. CONSULAR agents are defined, by section thirtyone of the act regulating the diplomatic and consular systems of the United States, to be consular officers, subordinate to full, principal, and permanent consular officers, exercising powers and performing duties within the limits of consulates or commercial agencies, respectively, at ports or places different from those at which such principals respectively reside.1 consu- 294. When there are, in consular districts, several lar agents are sea-ports frequented by merchant vessels of the United States, or places where American interests are concerned, or to which American travellers resort, consular agents should be appointed at such ports or places, with the sanction of the President. In selecting ports or places for the establishment of consular agencies, reference should be had to the convenience and economy of American citizens and other parties most likely to transact business at such agencies. Consular citizens of the 295. In all cases where it is practicable, consular agents to be agents should be citizens of the United States, and United States. none others should be recommended for appointment except in cases of absolute necessity. Compensation 296. Every consular agent is entitled, as compenof consular sation for his services, to such fees as he may lawfully agents. 1 Statutes at Large, vol. xi. p. 64; also Opinions of the Attorneys General, vol. vii. pp. 246, 247, 262, 276. collect in pursuance of the provisions of the act regulating the diplomatic and consular systems of the United States, or so much thereof as shall be determined by the President; and the principal officer of the consulate or commercial agency within the limits of which a consular agent shall be appointed, is entitled to the residue, if any, in addition to any other compensation allowed him by section fifteen of the act above mentioned for his services therein. 297. Consular agents are subject, like other consu- Responsibility lar officers, to the provisions of law and the instruc- of consular tions of the Department. agents. lar agents. 298. On all matters relating to the business of their Correspondagencies, they are required to communicate with the ence of consuconsular officers by whom they are respectively appointed, and to whom they are responsible; such of their communications as are considered of sufficient importance, and in all cases their quarterly reports and returns, are to be transmitted by the said consular officers to the Department of State. consular agent 299. No consular agent is permitted to perform Termination of any official act after the death, recall, resignation, the office of or withdrawal from office, of the consular officer by in certain conwhom he was appointed; his own power to act offi- tingencies. cially being annulled by either of the events here mentioned. to be 300. No consular agent or vice commercial agent Sub-agents not is allowed to appoint a sub-agent. to be appointed. 301. As soon as possible after having received his Names of exequatur and entered upon his duties, every newly agents appointed consul is expected to report to the Secretary of State for confirmation the names of his consular agents, and, invariably, at the close of each year to transmit a full list of all his subordinates. reported. CHAPTER XV. CONSULAR CLERKS. American clerks to be employed in pre 302. WHENEVER at any consulate or commercial agency it becomes necessary to employ consular ference to clerks, consular officers are expected, where it is practicable, to receive into their service those individuals only who owe allegiance to the government of the United States. aliens. 303. Inconveniences may result from this instruction where the English language is not that of the country in which the consulate is situated; but if consular officers are not acquainted with such language at the time of receiving their appointments, it is expected that they will soon acquire a sufficient knowledge of it for the management of their official business. 304. There are many Americans citizens, at home and abroad, who are anxious to acquire a knowledge of the languages of Europe-a knowledge which would be valuable to the government and to the people of the United States; and it is recommended to consular officers, so far as it is practicable, to procure such persons as assistants. Should circumstances prevent a strict compliance with this instruction, the fact will be reported to the Department and the reasons thereof explained. 305. At the close of every year, every consular |