The grade of commercial agent was abolished by the Act of April 5, 1906, ch. 1366, 3, supra, p. 21. By R. S. sec. 5335, embodied in Penal Laws, § 5, and repealed by section 341 thereof, carrying on certain correspondence with foreign governments or their agents was rendered an offense. See PENAL LAWS. Absence of less than ten days.— As applicable to this statute, Attorney-General Williams quotes with approval the opinion of Attorney-General Black in (1858) 9 Op. Atty.-Gen. 138, on section 19 of the Act of Aug. 18, 1856, brought forward into the revision in section 1741, supra, p. 46. "It is manifest that absence of a certain sort takes away the right of the officer to salary. But what sort of absence? Such absence as that previously described, namely, an absence of more than ten days without leave. An absence of less than ten days without permission, or of more than that time with leave, is not such absence as the law forbids." (1875) 14 Op. Atty.-Gen. 534. [SEC. 1.] [Estimates of annual expenditures.] And hereafter the Secretary of State shall in the estimates for the annual expenditures of the expenses of diplomatic and consular service estimate for the entire amount required for its support, including all commercial agents and other officers, whether paid by fees or otherwise, specifying the compensation to be allowed or deemed advisible [advisable] in each individual case. [22 Stat. L. 133.] This is from the Consular and Diplomatic Appropriation Act of July 1, 1882, ch. 262. The grade of commercial agent was abolished by the Act of April 5, 1906, ch. 1366, § 3, supra, p. 21. Hereafter the [SEC. 1.] [Estimates for rent and expenses.] Secretary of State shall, in submitting estimates for the consular service, segregate, and submit separately, estimates for rent of consular offices, and under contingent expenses estimate for the amount required annually to be expended at consular offices for purposes within the discretion of the Department. [33 Stat. L. 1214.] This is from the Deficiencies Appropriation Act of March 3, 1905, ch. 1484. An Act Providing for the purchase or erection, within certain limits of costs, of embassy, legation, and consular buildings abroad. [Act of Feb. 17, 1911, ch. 105, 36 Stat. L. 917.] [Buildings for diplomatic and consular establishments.] That the Secretary of State be, and he is hereby, authorized to acquire in foreign countries such sites and buildings as may be appropriated for by Congress for the use of the diplomatic and consular establishments of the United States, and to alter, repair, and furnish the said buildings; suitable buildings for this purpose to be either purchased or erected, as to the Secretary of State may seem best, and all buildings so acquired for the diplomatic service shall be used both as the residences of diplomatic officials and for the offices of the diplomatic establishment: Provided, however, That not more than the sum of five hundred thousand dollars shall be expended in any fiscal year under the authorization herein made: And provided further, That in submitting estimates of appropriation to the Secretary of the Treasury for transmission to the House of Representatives, the Secretary of State shall set forth a limit of cost for the acquisition of sites and buildings and for the construction, alteration, repair, and furnishing of buildings at each place in which the expenditure is proposed (which limit of cost shall not exceed the sum of one hundred and fifty thousand dollars at any one place) and which limit shall not thereafter be exceeded in any case, except by new and express authorization of Congress. [36 Stat. L. 917.] An Act For the improvement of the foreign service. [Act of Feb. 5, 1915, ch. 23, 38 Stat. L. 805.] [SEC. 1.] [Regulation of appointments-secretaries and consuls assignment for duty in Department of State-promotions.] That hereafter all appointments of secretaries in the Diplomatic Service and of consuls general and consuls shall be by commission to the offices of secretary of embassy or legation, consul general, or consul, and not by commission to any particular post, and that such officers shall be assigned to posts and transferred from one post to another by order of the President as the interests of the service may require: Provided, That any such officer may be assigned for duty in the Department of State without loss of grade, class, or salary, such assignment to be for a period of not more than three years, unless the public interests demand further service, when such assignment may be extended for a period not to exceed one year, and no longer: Provided further, That no secretary, consul general, or consul shall be promoted to a higher class except upon the nomination of the President, with . the advice and consent of the Senate. [38 Stat. L. 805.] This is the first section of the Consular Reorganization Act of 1915. The first part of section 2 of this Act related to salaries of secretaries in the Diplomatic Service and is given supra, p. 18, while the latter part of section 2, relating to salaries of consuls general and consuls is given supra, p. 45. Section 3 of this Act amends R. S. sec. 1685, given supra, p. 14. The first part of section 6 amends R. S. sec. 1674, given supra, p. 9, while the latter part of said section 6 abolishing certain consular offices is given supra, p. 45. SEC. 4. [Expenses-secretary or consul detailed for special duty.] That a secretary, consul general, or consul of whatever class detailed for special duty outside of the city of Washington shall be paid his actual and necessary expenses for subsistence during such special detail not exceeding $5 per day: Provided, That such special duty shall not continue for more than sixty days unless in the case of international gatherings, congresses, or conferences, when such subsistence expenses shall run only during the life of the international gathering, congress, or conference, as the case may be. [38 Stat. L. 806.] See the note to the preceding section 1 of this Act. SEC. 5. [Recommendations for promotions.] That the Secretary of State is directed to report from time to time to the President, along with his recommendations for promotion or for transfer between the department and the foreign service, the names of those secretaries in the Diplomatic Service and the names of those consular officers or departmental officers or employees who by reason of efficient service, an accurate record of which shall be kept in the Department of State, have demonstrated special efficiency, and also the names of persons found upon examination to have fitness for appointment to the lower grades of the service. [38 Stat. L. 806.] See the note to the preceding section 1 of this Act. SEC. 7. [Diplomatic officers prohibited from transacting private business.] That no ambassador, minister, minister resident, diplomatic agent, or secretary in the Diplomatic Service of any grade or class shall, while he holds his office, be interested in or transact any business as a merchant, factor, broker, or other trader, or as an agent for any such person to, from, or within the country or countries to which he or the chief of his mission, as the case may be, is accredited, either in his own name or in the name or through the agency of any other person, nor shall he, in such country or countries, practice as a lawyer for compensation or be interested in the fees or compensation of any lawyer so practicing. [38 Stat. L. 807.] Earlier provisions on this subject are contained in R. S. secs. 1699, 1700, 1701, supra, pp. 27, 28. SEC. 8. [Effect-repeal.] That this Act shall take effect on the day of its approval by the President, when all Acts or parts of Acts inconsistent with this Act are repealed. [38 Stat. L. 807.] IV. FOREIGN RELATIONS Sec. 4062. [Penalty for violating safe-conduct or assaulting public minister.] Every person who violates any safe conduct or passport duly obtained and issued under authority of the United States; or who assaults, strikes, wounds, imprisons, or in any other manner offers violence to the person of a public minister, in violation of the law of nations, shall be imprisoned for not more than three years, and fined, at the discretion of the court. [R. S.] Act of April 30, 1790, ch. 9, 1 Stat. L. 118. Sections 4062-4130 of the Revised Statutes constitute title XLVII. "Foreign Relations." R. S. secs. 4062, 4063, 4064, and 4065 were originally sections 25, 26, 27, and 28 of the Crimes Act of April 30, 1790, ch. 9, 1 Stat. L. 118, and these were drawn from the statute 7 Anne, ch. 12, which was declaratory simply of the law of nations, which Lord Mansfield observed, in Heathfield v. Chilton, (1767) 4 Burr. (Eng.) 2016, the Act did not intend to alter and could not alter. In re Baiz, (1890) 135 U. S. 403, 10 S. Ct. 854, 34 U. S. (L. ed.) 222. The word "minister" is defined in R. S. sec. 4130, infra, p. 73. See also Hollander v. Baiz, (1890) 41 Fed. 732; In re Baiz, (1890) 135 U. S. 403, 10 S. Ct. 854, 34 U. S. (L. ed.) 222; U. S. v. Benner, (1830) Baldw. 234, 24 Fed. Cas. No. 14,568. A foreign consul, resident in the United States, must look for protection in his person and property to the laws of the state in which he resides. (1887) 19 Op. Atty. Gen. 16. Jurisdiction of prosecution.- An indictment for offering violence to a public minister is not a case affecting... public ministers," within the meaning of U. S. Const., art. 3. § 2, par. 2, conferring original jurisdiction of such cases upon the Supreme Court. U. S. v. Ortega, (1826) 11 Wheat. 467, 6 U. S. (L. ed.) 521. See also (1797) 1 Op. Atty.-Gen. 74. An attack upon the house of a minister, in actual occupancy by him, is an offer of violence within the meaning of this section, since the law of nations, to which the section refers, identifies the property of the minister attached to his person, or in his use, with the person of the minister. U. S. v. Hand, (1810) 2 Wash. 435, 26 Fed. Cas. No. 15,297, holding, however, that knowledge by the defendant that the house upon which the violence was committed was the domicile of the minister must be proved in order to sustain a conviction. A foreign minister who commits the first assault so far loses his privilege that his assault may lawfully be repelled by as much force as will prevent its continuance or repetition. Ū. S. v. Ortega, (1825) 4 Wash. 531, 27 Fed. Cas. No. 15,971; U. S. v. Liddle, (1808) 2 Wash. 205, 26 Fed. Cas. No. 15,598; U. S. v. Benner, (1830) Baldw. 234, 24 Fed. Cas. No. 14,568. Ignorance of the public character of the minister assaulted is no defense to a prosecution under this section. U. S. v. Ortega, (1825 4 Wash. 531, 27 Fed. Cas. No. 15,971; U. S. v. Liddle, (1808) 2 Wash. 205, 26 Fed. Cas. No. 15,598; U. S. r. Benner, (1830) Baldw. 234, 24 Fed. Cas. No. 14,568. Procedure and evidence. As to the requisites of an indictment under this section, see U. S. v. Benner, (1830) Baldw. 234, 24 Fed. Cas. No. 14,568. As to proof of official character of the alleged public minister, see In re Baiz, (1890) 135 U. S. 403, 10 S. Ct. 854, 34 U. S. (L. ed.) 222; U. S. v. Ortega, (1825) 4 Wash. 531, 27 Fed. Cas. No. 15,971; U. S. v. Liddle, (1808) 2 Wash. 205, 26 Fed. Cas. No. 15,598; U. S. v. Benner, (1830) Baldw. 234, 24 Fed. Cas. No. 14,568. Sec. 4063. [Process against ministers and their domestics void.] Whenever any writ or process is sued out or prosecuted by any person in any court of the United States, or of a State, or by any judge or justice, whereby the person of any public minister of any foreign prince or state, authorized and received as such by the President or any domestic or domestic servant of any such minister, is arrested or imprisoned, or his goods or chattels are distrained, seized, or attached, such writ or process shall be deemed void. [R. S.] Act of April 30, 1790, ch. 9, 1 Stat. L. 117. See the notes to the preceding R. S. sec. 4062. By section 233 of the Judicial Code (which re-enacted R. S. sec. 687) the Supreme Court is given exclusive “jurisdiction of suits or proceedings against ambassadors or public ministers, or their domestics or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive jurisdiction, of all suits brought by ambassadors, or other public ministers or in which a consul or vice-consul is a party." See JUDICIARY. Ambassador.-In (1797) 1 Op. Atty.Gen. 74, it was said that an ambassador is not liable, in any case, according to the law of nations, to answer either criminal or civilly before any court of the foreign nation to which he is sent. This opinion was cited with approval in (1885) 7 Op. Atty. Gen. 387. A foreign consul is not a "public minister" within the meaning of this section. (1820) 1 Op. Atty.-Gen. 406. A secretary of legation appointed by a foreign power is under the protection of the law of nations, and is not amenable to the tribunals of this country, upon a civil or criminal charge. Ex p. Cabrera, (1805) 1 Wash. 232, 4 Fed. Cas. No. 2,278. Attachment to compel his attendance as a witness cannot be issued against a person within the protection of this section, even on behalf of the defendant in a criminal case in a federal court. In re Dillon, (1854) 7 Sawy. 561, 7 Fed. Cas. No. 3,914. An indictment of a domestic servant of a foreign minister, for assault and battery, was quashed on motion and affidavit in U. S. v. Lafontaine, (1831) 4 Cranch (C. C.) 173, 26 Fed. Cas. No. 15,550. Seizure of an unregistered servant of a secretary of legation, as a fugitive slave, by a constable acting for the owner, is a breach of diplomatic privilege. U. S. v. Jeffers, (1836) 4 Cranch (C. C.) 704, 26 Fed. Cas. No. 15,471. Duty to quash process." This law is not less obligatory upon the state courts and state judges than upon those of the United States. If a public minister be sued in the latter courts, it will be the duty of those courts to quash the process, as altogether void. If he be sued in the former, that court is equally bound, by the same law, to give the same decision." Ex p. Cabrera, (1805) 1 Wash. 232, 4 Fed. Cas. No. 2,278. Sec. 4064. [Penalty for suing out or executing such process.] Whenever any writ or process is sued out in violation of the preceding section, every person by whom the same is obtained or prosecuted, whether as party or as attorney or solicitor, and every officer concerned in executing it, shall be deemed a violator of the laws of nations and a disturber of the public repose, and shall be imprisoned for not more than three years, and fined at the discretion of the court. [R. S.] Act of April 30, 1790, ch. 9, 1 Stat. L. 117. Process is "sued out" within the meaning of this section whenever it is issued, even though it be not executed. (1883) 17 Op. Atty.-Gen. 563. A marshal is not "concerned in executing" a writ of execution within the meaning of this section when the writ placed in his hands for execution is not in fact executed otherwise than by serving notice upon the party exempted by the preceding section. (1883) 17 Op. Atty. Gen. 563. 55. Ignorance of the public character of a minister unlawfully arrested on process is no defense to an indictment of a person executing such process. U. S. v. Benner, (1830) Baldw. 234, 24 Fed. Cas. No. 14,568. A minister's waiver of his privilege of exemption from arrest is no justification for arresting him. U. S. v. Benner, (1830) Baldw. 234, 24 Fed. Cas. No. 14,568. Sec. 4065. [When process may be issued against persons in service of ministers.] The two preceding sections shall not apply to any case where the person against whom the process is issued is a citizen or inhabitant of the United States, in the service of a public minister, and the process is founded upon a debt contracted before he entered upon such service; nor shall the preceding section apply to any case where the person against whom the process is issued is a domestic servant of a public minister, unless the name of the servant has, before the issuing thereof, been registered in the Department of State, and transmitted by the Secretary of State to the marshal of the District of Columbia, who shall upon receipt thereof post the same in some public place in his office. [R. S.] Act of April 30, 1790, ch. 9, 1 Stat. L. 118. See the notes to R. S. sec. 4062, supra, p. 55. Sec. 4066. [Public access to list of names of ministers' servants.] All persons shall have resort to the list of names so posted in the marshal's office, and may take copies without fee. [R. §] Act of April 30, 1790, ch. 9, 1 Stat. L. 118. R. S. secs. 4067 to 4070 inclusive, relating to alien enemies, are treated under ALIENS, vol. 1, p. 363. R. S. secs. 4071, 4072, and 4073 relate to taking testimony to be used in foreign countries and are treated in the title EVIDENCE. R. S. sec. 4074 providing for fees and mileage of witnesses is treated under the title WITNESSES. R. S. secs. 4075 to 4078 inclusive relate to passports and are treated under the title PASSPORTS. Sec. 4079. [Powers of foreign consuls over disputes between seamen.] Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consul-general, consuls, vice-consuls, or consular or commercial agents of each nation, shall have exclusive jurisdiction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the other nation, between the master or officers and any |