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office, as representing a distinct grade in the consular service, is peculiar to the service of the United States.

Commercial agents in the United States service are to be distinguished from certain officers, described in international law by the same title, who are not usually regarded as entitled to the full rank and privileges of a consular officer. The exigencies of the public service have necessitated the appointment by the United States from time to time of commercial agents of this character, and the right to appoint them is at all times reserved; but such appointments have usually been made to countries whose governments have not yet been recognized by the United States and to which it was desired to send a confidential agent whose recognition need not be asked from the local government. Prior to the act of August 1, 1856, which reorganized the consular service, and raised commercial agents to the consular rank, the officers appointed by the United States with the title of commercial agent were usually those of limited powers.

Consular Regulations of the United States (1896), secs. 15, 16, pp. 6–7. By the act of April 5, 1906, for the reorganization of the consular service," the grade of commerical agent is abolished."

An example of the appointment of a commercial agent of the second class above referred to may be seen in the following instruction:

"The Department has learned with regret that the Grand Duke of Tuscany has established a rule not to recognize the consuls of any nation at the city of Florence.

"To obviate in some degree the inconvenience of this decision, as well
as to enable you, so far as you may be able, to extend aid to citi-
zens of the United States in Tuscany requiring your assistance, and
to perform such other official acts as your position may render neces-
sary, I transmit herewith the certificate of your appointment as
commercial agent.

"The duties of a commercial agent are similar to those of a consul, and
the same instructions are given to each, yet he does not, like the
latter, bear a commission from the government; this is given only
under the seal of the United States. He is a mere Executive agent
sent abroad for the promotion and advantage of American commer-
cial interests, selected by the Department, corresponding with, in-
structed, and controlled by the Department, and bearing an authority
from the President under the seal of the Department.
His recog-
nition by the local authorities where he resides, altho' always im-
portant as affording facilities in the performance of his duties, is
not necessary to it. In some instances these agencies are conferred
upon persons who are directed to keep the trust confided to them
secret, and these appointments do not necessarily carry with them
a recognition on the part of this Government of the existing authority
at the places to which they are made.

"It will not probably be deemed expedient for you to request from the
government of Tuscany a recognition of your appointment." (Mr.
Everett, Sec. of State, to Mr. Lance, consul at Florence, Jan. 26, 1853,
14 MS. Desp. to Consuls, 473.)

While the Austro-Hungarian government declines to issue exequaturs to "commercial agents" of the United States, such agents not being specifically mentioned in the treaty of 1870, yet it will recognize such an official as a "commercial (consular) agent," and will issue orders permitting him to carry out his consular functions.

For. Rel. 1903, 14-16.

Vice-consuls and vice-commercial agents are consular officers who shall be substituted temporarily to fill the place of consuls-general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. They have, accordingly, no functions or powers when the principal officer is present at his post, but their functions are coextensive with his when he is absent from his district and in all cases where they are lawfully in charge of the office.

Consular Regulations of the United States (1896), § 17, p. 7, citing
Revised Statutes, sec. 1674; 33 Fed. Rep. 167.

"Deputy consuls are consular officers subordinate to their principals, exercising the powers and performing the duties within the limits of their consulates at the same ports or places where their principals are located. They may perform their functions when the principal is absent from his district, as well as when he is at his post; but they are not authorized, in the former case, to assume the responsible charge of the office, that being the duty of the vice-consul. R. S., sec. 1674."

Consular Regulations of the United States (1896), § 18, p. 8.

"The substitute and subordinate officers of consuls-general are by statute simply designated as vice-consuls and deputy consuls. It is customary, however, and the practice is indirectly recognized in the statutes, to designate such officers as vice-consuls-general and deputy consuls-general. Their powers and duties are the same as specified for vice and deputy consuls in the two preceding paragraphs. R. S., secs. 1674, 4130."

Consular Regulations of the United States (1896), § 19, p. 8.

The law does not specifically provide for the appointment of a "deputy consul-general," but the word "general" is used to show that the deputy is attached to a consul-general. Legally, it is mere surplusage, and does not alter the deputy's functions, "which are those of a deputy consul.”

Mr. Waarton, Assist. Sec. of State, to Mr. Kissam, March 7, 1891, 181 MS. Dom. Let. 168; Mr. Uhl, Assist. Sec. of State, to Mr. Miller, Nov. 26, 1895, 206 MS. Dom. Let. 206.

"Consular agents are consular officers subordinate to their principals, exercising the powers and performing the duties within the limits of their consular agencies, but at ports or places different from those at which their principals are located. R. S., sec. 1674. Their functions are not, in all respects, as extensive as those of the principal officer. Though they act at places different from the seat of the principal office and their duties are in substance the same toward persons desiring consular services, they act only as the representative of the principal, and are subject and subordinate to him. They are not authorized to correspond with the Department of State, unless through the principal or under exceptional circumstances; they make no returns or reports directly to the Department, and they are not permitted to render accounts or make any drafts for expenditures on the Departments of the Government, unless under express instructions."

Consular Regulations of the United States (1896), § 20, p. 8.

"The President is authorized to appoint consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States and over 18 years of age at the time of their appointment. They can not be removed from office except for cause, stated in writing, which shall be submitted to Congress at the session first following such removal. They may be assigned, from time to time, to such consulates and with such duties as the Secretary of State may direct. When so assigned, they are subordinate to the principal consular officer at the post. They will perform such clerical or other duties of the consulate as he may designate, and carefully observe and obey his instructions in all respects.-R. S. secs. 1704, 1705. (Paragraphs 511, 512.)"

Consular Regulations of the United States (1896), § 23, p. 9.

Consular clerks will be appointed only after satisfactory examination. (Consular Regulations § 24, p. 10.)

As stated above, by the act of April 5, 1906, for the reorganization of the consular service," the grade of commercial agent is abolished." By the same act, provision is made for the appointment of "five inspectors of consulates, to be designated and commissioned as consuls-general at large." They are to be appointed by the President, with the advice and consent of the Senate, from the members of the consular force, and are each to receive a salary of $5,000 and expenses of travel and subsistence. Their business is to inspect consular offices, under the direction of the Secretary of State. Each consular office is to be inspected at least once in two years. Moreover, whenever the President "has reason to believe that the business of a consulate or a consulate-general is not being properly conducted and that

it is necessary for the public interest, he may authorize any consulgeneral at large to suspend the consul or consul-general, and administer the office in his stead for a period not exceeding ninety days." And the consul-general at large in question may also "suspend any vice or deputy consular officer or clerk in said office during the period aforesaid."

Act of April 5, 1906, sections 3 and 4. This act takes effect on June 30, 1906.

II. APPOINTMENT.

§ 697.

Consuls-general and consuls are appointed by the President, by and with the advice and consent of the Senate. (Const., Art. II., sec. 2.) Commercial agents were appointed directly by the President.

Consular Regulations of the United States (1896), § 31,

p. 12.

The reform of the consular service, as organized under the act of 1856, has been recommended in various messages of the President, as well as in reports of committees of Congress. The provisions of the act of April 5, 1906, entitled "An act to provide for the reorganization of the consular service of the United States," are given at their appropriate places in this chapter.

By an executive order of Sept. 20, 1895, provision was made for the examination of applicants for certain consular positions, with a view to test their competency and fitness.

President Cleveland, annual messages, Dec. 6, 1886, Dec. 3, 1888, and Dec. 7, 1896; President Roosevelt, annual message, Dec. 3, 1901; report of Mr. Olney, Sec. of State, to the President, Dec. 7, 1896, For. Rel. 1896, xc.; report of Mr. Lodge, Com. on For. Rel., May 3, 1900, Senate Report 1202, 56 Cong. 1 sess.; reports of Mr. Adams, Com. on For. Aff., March 8 and May 21, 1900, House Report 562, 56 Cong. 1 sess., parts 1 and 2.

As to the consular service in China, with information in regard to the consular establishments of other powers as well as of the United States, see despatch of Mr. John Russell Young, min. to China, No. 561, Nov. 28, 1884, MS. Desp. from China.

An appropriation by Congress for the salary of a consul at a particular place, where there has previously been only a consular agency, is sufficient authority for the appointment by the President of a consul there.

Sampson v. United States, 30 Ct. Cl. 365.

"Vice-consuls-general, deputy consuls-general, vice-consuls, deputy consuls, vice-commercial agents, and consular agents are appointed

by the Secretary of State, usually upon the nomination of the principal consular officer. The privilege of making such nominations must not be construed to limit the authority of the Secretary of State to appoint these officers without such previous nomination by the principal officer. The statutory power in this respect is reserved, and it will be exercised in all cases in which the interests of the service or other public reasons may be deemed to require it.-R. S., sec. 1695; 15 C. Cls. R. 64."

Consular Regulations of the United States (1896), § 39, p. 15.
As to other conditions, see id. § 40 et seq.

Formerly consular agents were appointed by the consuls, and were not
considered as being, in a strict sense, consular officers of the United
States. "Consuls of the United States," said Mr. Forsyth, "have no
right to appoint vice-consuls, and the consular agents which they are
authorized to constitute
are not regarded as officers of the
government or as entitled to any privileges or immunities from the
governments within whose territories they may exist." (Mr. Forsyth,
Sec. of State, to Mr. Morelli, June 20, 1837, MS. Notes to Italy, VI.
28. See same to same, Nov. 16, 1836, id. 29.)

"A consular agent, as you are aware, is not, strictly speaking, a United
States officer, being merely the agent of the consul from whom he
receives his appointment, though, pursuant to a regulation here
long established, the consuls must report the names of the agents
whom they appoint to this Department for approval. This govern-
ment does not ask the foreign government within whose territory
they reside to receive and recognize them as its officers or agents.
They are not entitled to a consular flag, and may not use any insignia
of office contrary to the laws of the country where they are.
"It was Mr. Webster's opinion that the consuls of the United States
have no authority to appoint vice-consuls, they being expressly
instructed to appoint consular agents at such places within their
consular jurisdiction as they may deem necessary;' and also that
a consular agent stands in the same relation that any citizen
would hold under similar circumstances, and it is as a citizen of
the United States only that he can be considered, and not as an
officer acting under the authority of the United States." (Mr.
Hunter, Assist. Sec. of State, to Mr. Everett, May 28, 1855, 44 MS.
Dom. Let. 89.)

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In 1856 the appointment of these agents was, by statute (R. S. § 1695), transferred to the President, and they were thenceforth included in the denomination of consular officers." (R. S. § 1674.) Consular agents are still held, however, by the courts to be agents of their supervising consuls (Gould v. Staples, 9 Fed. Rep. 159), and are said to be not technically officers of the United States by First Comptroller Lawrence. (4 Lawrence, First Compt. Decisions, 88.) But recognition of them is now uniformly requested. (Consular Regulations, § 42.)

Under the act of 18th August, 1856 (11 Stat. 56; Rev. Stat. § 1738), which provides that "no consular officer shall exercise diplomatic

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