1. these officers, called consuls, are employed by most civilized nations, all those at least who have an extensive intercourse with foreign countries, and they are recognized by the law of nations as being clothed, when acting in their official capacity, with the authority and inviolability of their respective governments. their place of official business is protected by the flag of their country, an insult to which renders reparation or war necessary to maintain its honor. consuls are agents of their governments, but most of their duties have reference to the interests of private citizens who may be within their consulate. there may be a great number of them in one country, and they are usually located in the seaports.
2. the constitution provides that the president and senate shall appoint all our consuls. the president signs their commissions, which bear the great seal of the united states, and which prove to the government where they are sent that they are duly appointed and authorized to discharge the duties of[257] consuls at the ports or places to which they have been appointed.
3. in order to show the nature of a consul’s duties, such as the laws impose upon him, we will state the substance of several acts relating to this subject.
1. whenever a vessel belonging to a citizen of the united states arrives at the port where he is stationed, it is his duty to receive the ship’s papers, and to see if they are all correct.
2. it is his duty to provide for sick, disabled, and destitute american seamen, and to send them home by some vessel going to the united states.
3. he must hear the complaints of seamen, and settle disputes between the captain and men; and for good cause he may discharge the whole ship’s crew.
4. it is made his duty to receive and take care of the personal property of any citizen of the united states who has died within his consulate, and to send any balance which may be left after paying his debts and necessary expenses, to the treasury of the united states, to be held in trust for the legal claimants. he must also give notice to the secretary of state of the death of such person.
4. for the purpose of carrying out and executing certain treaties made between the united states and china, japan, siam, and turkey, consuls to those countries have been empowered with judicial functions. they were allowed to act as judges, and to try and punish citizens of the united states who had committed crimes there. these, however, were extraordinary powers in special cases, and by no means common to the consular office.
5. in the absence of a minister or diplomatic agent of the united states, the president may authorize a consul to perform the duties of such foreign minister; but these powers are rarely conferred on them. their ordinary duties relate to commercial affairs, and to such as are before stated.
6. a vice-consul, or deputy consul, is one appointed to act temporarily in case of sickness or absence of the consul.[258] his powers, while acting, are the same as those of the consul in whose place he acts. every consul is required to give bonds for the faithful performance of his duties.
7. our commerce has been extended to almost every part of the globe, and for this reason we need a great number of these officials. their services are required at all great seaports, and at many smaller ones. the compensation varies according to the amount of business to be transacted by them, from $7,500 down to $500. some do not receive any salary, but are allowed the fees they are authorized to charge for their services.
8. it is his duty to give his government and countrymen all such information as he possesses in relation to the laws and practices of the country to which he is sent, which it would be important for them to know; and especially is it his duty to look after the interests and welfare of his countrymen when they are within his consulate, and to see that no wrong or injustice is done to them by the people or government where he resides.
