R. S. 4064. R. S. 4066. R. S. 4080. R. S. 4081. R. S. 4083. R. S. 4084. Penalty for Suing Out or Executing Such Process, 57. Public Access to List of Names of Ministers' Servants, 57. Arrest of Seamen on Application of Consul, 58. Power of United States Consular Officers to Solemnize Judicial Authority of United States Ministers and Consuls Their Jurisdiction of Crimes, 60. R. S. 4085. Jurisdiction in Civil Cases, 61. R. S. 4086. Jurisdiction, How Exercised and Enforced, 61. R. S. 4091. Appellate Jurisdiction of Ministers in Certain Countries, 63. R. S. 4097. Evidence in Consular Courts, How Taken, 63. R. S. 4098. Compromise or Reference of Civil Cases, to Be Encouraged, 64. R. S. 4099. Certain Criminal Cases May Be Settled, 64. R. S. 4100. Aid of Local Authorities May Be Invoked, 64. R. S. 4102. For Murder, Insurrection, or Rebellion, 65. R. S. 4103. Execution of Criminals, 65. R. S. 4104. Punishment of Contempts, 65. R. S. 4105. Decisions of Consul Sitting Alone in Criminal Cases, 65. 65. R. S. 4107. Associates in Civil Cases, 66. R. S. 4108. Where Jurisdiction of Ministers May Be Exercised, 66. Original, 67. R. S. 4110. Responsibility of Diplomatic and Consular Officers, 67. R. S. 4112. Execution and Return of Process, 67. R. S. 4113. Marshal's Bond, 68. R. S. 4114. Suits on Marshal's Bond, 68. R. S. 4115. Production of Original Bond, 68. R. S. 4116. Process against Marshal, How Executed, 68. R. S. 4117. Ministers to Make Regulations for Consular Courts, 68. R. S. 4118. Publication of Regulations, 69. R. S. 4119. Transmission to Secretary of State, 69. R. S. 4120. Fees for Judicial Services, 69. R. S. 4121. Expenses of Prisons in Foreign Countries, 70. R. S. 4122. In China, 70. R. S. 4123. In Japan, 70. R. S. 4124. Court-house and Jail in Jeddo, 71. R. S. 4125. Provisions of Title Extended to Turkey, 71. R. S. 4126. To Persia, 71. R. S. 4127. Foreign Relations; Laws Extended to Tripoli, Tunis, Morocco, Muscat, and Navigator Islands, 72. R. S. 4128. Judicial Duties, When to Devolve on Secretary of State, 72. Sec. 1. Jurisdiction of Courts of Ottoman Government and Egypt 2. Right to Hold Property in Turkey Law by President, 74. Act of March 22, 1902, ch. 272, 74. Acceptance of Turkish Sec. 1. Keeping and Feeding of Prisoners in China, Korea, Siam, CROSS-REFERENCES Applicability of Chinese Exclusion Acts to, see CHINESE EXCLUSION. Commercial Attachés, see COMMERCE DEPARTMENT. Duties as to Infected Ports and Bills of Health, see HEALTH AND QUARANTINE. Issuance and Verification of Passports, see PASSPORTS. Acknowledgment of Assignment of Patents, see PATENTS. Offenses by Consular Officers, see PENAL LAWS. Printing and Distribution of Documents and Reports, see PUBLIC DOCUMENTS; PUBLIC PRINTING. See generally JUDICIARY; SEAMEN; SHIPPING AND NAVIGATION; STATE DEPARTMENT; WAR DEPARTMENT AND MILITARY ESTABLISHMENT. I. DIPLOMATIC OFFICERS Sec. 1674. [Definition of official designations employed in this Title.] That the official designations employed throughout this title shall be deemed to have the following meanings, respectively: First." Consul general" and "consul" shall be deemed to denote full, principal, and permanent consular officers as distinguished from subordi nates and substitutes. Second. "Consular agent shall be deemed to denote consular officers subordinate to such principals exercising the powers vested in them and performing the duties prescribed for them by regulation of the President at posts or places different from those at which such principals are located, respectively. 66 Third. Vice consuls" shall be deemed to denote consular officers subordinate to such principals exercising and performing the duties within. the limits of their consulates at the same or at different points and places from those at which the principals are located, except that when vice consuls take charge of consulates general or consulates when the principal officers shall be temporarily absent or relieved from duty they shall be deemed to denote consular officers who shall be substituted, temporarily, to fill the places of said consuls general or consuls. Fourth. "Consular officer " shall be deemed to include consuls general, consuls, vice consuls, interpreters in consular offices, student interpreters, and consular agents, and none others. Fifth. "Diplomatic officer" shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, chargés d'affaires, counselors, agents, secretaries of embassy and legation, and secretaries in the Diplomatic Service, and none others. [R. S.] 66 This section was amended by section 6 of an Act of Feb. 5, 1915, ch. 23, 38 Stat. L. 806, entitled "An Act for the improvement of the foreign service." This title" referred to in the text is title XVIII. "Diplomatic and Consular Officers," and comprises sections 1674 to 1752 of the Revised Statutes. This section was again amended by a provision of the Diplomatic and Consular Appropriation Act of July 1, 1916 (see Fed. Stat. Ann. Pamph. Supp. No. 8, p. 60; 1918 Supp. Fed. Stat. Ann.); the amendment consisted of including in the fifth paragraph after the words chargés d'affaires " the word " counselors," making the section to read as given in the text. As originally enacted it was as follows: 66 "The official designations employed throughout this Title shall be deemed to have the following meanings, respectively: "First. Consul-general,' consul,' and 'commercial agent,' shall be deemed to denote full, principal, and permanent consular officers, as distinguished from subordinates and substitutes. Second. Deputy consul' and 'consular agent' shall be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively. “Third. Vice-consuls' and 'vice-commercial agents' shall be deemed to denote consular officers, who shall be substituted, temporarily, to fill the places of consulsgeneral, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. "Fourth. Consular officer' shall be deemed to include consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents, and none others. Fifth. Diplomatic officer' shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, chargés d'affaires, agents, and secretaries of legation, and none others." Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 64; Act of June 20, 1864, ch. 136, 13 Stat. L. 138; Act of July 25, 1866, ch. 233, 14 Stat. L. 225. When representative not a diplomatic officer. The envoy extraordinary and minister plenipotentiary to the Republic of Guatemala appointed Mr. Baiz, a citizen of the United States and consul-general of that republic at the city of New York, to represent him during a leave of absence, informed the state department of his proposed departure, and asked that Mr. Baiz be permitted to communicate to the department of state any information connected with the peace of Central America that may be of sufficient importance to be brought without delay to the notice of the secretary. Such permission was granted, and communications passed between the department and Mr. Baiz, who was recognized as being "in charge of the business of the legations of Guatemala, Salvador, and Honduras." "We are of opinion that Mr. Baiz was not . . . chargé d'affaires ad interim of Guatemala, or invested with and exercising the principal diplomatic functions, or in any view a diplomatic officer.' He was not a public minister within the intent and meaning of section 687." See note to R. S. sec. 4063, infra, p. 56. In re Baiz, (1890) 135 U. S. 403, 10 S. Ct. 854, 34 U. S. (L. ed.) 222. Sec. 1675. [Salaries.] Ambassadors and envoys extraordinary and ministers plenipotentiary shall be entitled to compensation at the rates. following, per annum, namely: Those to France, Germany, Great Britain, and Russia, each, seventeen thousand five hundred dollars. Those to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, each, twelve thousand dollars. Those to all other countries, unless where a different compensation is prescribed by law, each, ten thousand dollars. And, unless when otherwise provided by law, ministers resident and commissioners shall be entitled to compensation at the rate of seventy-five per centum, chargés d'affaires at rate of fifty per centum, and secretaries of legation at the rate fifteen per centum, of the amounts allowed to ambassadors, envoys extraordinary, and ministers plenipotentiary to the said countries respectively; except that the secretary of legation to Japan shall be entitled to compensation at the rate of twenty-five hundred dollars per annum. The second secretaries of the legations to France, Germany, and Great Britain shall be entitled to compensation at the rate of two thousand dollars each per annum. [R. S.] This section was amended so as to read as above given by the Act of March 3, 1875, ch. 153, 18 Stat. L. 483. Originally this section was as follows: "SEC. 1675. Ambassadors, envoys extraordinary, and ministers plenipotentiary, ministers resident, agents, and secretaries, and second secretaries of legation, shall be entitled to salaries as hereinafter provided. "Envoys extraordinary and ministers plenipotentiary to France, Germany, Great Britain, and Russia, seventeen thousand five hundred dollars each; to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, twelve thousand dollars each; to Chili and Peru, ten thousand dollars each. "Minister resident accredited to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua, ten thousand dollars. "Minister resident at Uruguay, ten thousand dollars. "Ministers resident at Portugal, Switzerland, Greece, Belgium, Netherlands, Denmark, Sweden and Norway, Turkey, Ecuador, Colombia, Bolivia, Venezuela, Hawaiian Islands, and the Argentine Republic, seven thousand five hundred dollars each. "Minister resident and consul-general at Hayti, seven thousand five hundred dollars "Minister resident and consul-general at Liberia, four thousand dollars. Agent and consul-general at Alexandria, three thousand five hundred dollars. "Secretaries of legation to London, Paris, Berlin, and St. Petersburg, two thousand six hundred and twenty-five dollars each. Secretary of legation to Japan, two thousand five hundred dollars. "Secretaries of legation to Austria, Brazil, Italy, Mexico, and Spain, one thousand eight hundred dollars each. "The second secretaries of the legations to France, Great Britain, and Germany, two thousand dollars each." Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 52; Act of June 16, 1860, ch. 135, 12 Stat. L. 40; Act of Feb. 22, 1873, ch. 184, 17 Stat. L. 471, 472. By an Act of Aug. 5, 1882, ch. 399, given infra, p. 16, the section given in the text was purported to be amended by inserting a clause after the words Liberia, four thousand dollars." While these words were contained in the original section, they do not appear in the amended section as given above. Provisions for a minister to Liberia are made by R. S. sec. 1683, infra, p. 14. The sums named in the Appropriation Acts for the various years do not always correspond with the amounts fixed by the above schedule. That for the fiscal year ending June 30, 1916, is contained in the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1116. The salaries of secretaries in the diplomatic service were fixed by the first part of section 2 of an Act of Feb. 5, 1915, ch. 23, given infra, p. 18, and this schedule was followed in the Appropriation Act for 1916, above cited. Different amounts appropriated.— The office of envoy extraordinary and minister plenipotentiary to Turkey did not exist prior to July 1, 1882. Before that time the diplomatic representative of the United States to Turkey was of the rank of minister resident and consul-general, and the claimant held that office at an annual salary of $7,500 when he was appointed envoy extraordinary and minister plenipotentiary. Congress, by the Act of July 1, 1882, made an appropriation of $7,500 to pay the salary of an envoy extraordinary and minister plenipotentiary to Turkey, and thus left it to the President to fill such office if he chose to do so under his constitutional power, which power the President exercised by appointing the claimant on July 13, 1882. The claimant is not entitled to a salary of In $10,000 per annum under this section, as the salary fixed by the Act of 1882 constituted the exception "where a different compensation is prescribed by law." The Langston case, noted under R. S. sec. 1683, infra, p. 14, is distinguished. that case a prior statute had fixed the annual salary of a diplomatic officer at a designated sum, without limitation as to time, and a subsequent statute appropriated a less amount for the service of the officer for a particular fiscal year, but contained no words which expressly or by implication modified or repealed the prior statute. Wallace v. Ú. S., (1890) 133 U. S. 180, 10 S. Ct. 251, 33 U. S. (L. ed.) 571. From 1876 to 1882 the office of chargé d'affaires to Portugal existed. By the Appropriation Act of 1882 there was appropriated "for ministers resident and consuls-general to Liberia and Hayti, Switzerland, Denmark, and Portugal at $5,000 each." The executive conformed to the wishes indicated by Congress and appointed the claimant minister resident and consul-general to Portugal, where he was then holding the office as chargé d'affaires. He accepted the new appointment and gave bonds, and his former office ceased to exist. The claimant was only entitled to the salary of $5,000 as such minister resident and consul-general, and not to the salary of $7,500 under the provisions of this section, as the provisions of the Appropriation Act of 1882 were within the exception "unless when otherwise provided by law." Francis v. U. S., (1887) 22 Ct. Cl. 403. Neither the secretary of state nor the President has authority to fix the salary of an envoy extraordinary and minister plenipotentiary. The annual Appropriation Act of Feb. 26, 1883, contained the following: "Section 2. For the purpose of enabling the President to extend diplo matic relations with the governments of Eastern Asia, $5,000." The claimant was immediately nominated as envoy extraordinary and minister plenipotentiary to Corea; the Senate consented thereto and he was the next day so commissioned. The claimant was entitled to a salary of $10,000 under this section, as the provision in the Appropriation Act of 1883 cannot be held to bring the case within the exception, "unless where a different compensat ation is prescribed by law." Foote v. U. S., (1888) 23 Ct. Cl. 443. Rate of exchange on foreign bills.— On the question at what rate the Bolivian money paid to the claimant for his salary as minister to Peru should be reckoned in settlement of his accounts, the court said: "It is clear that if the Government resort to the commercial usage of paying a minister abroad by means of bills of exchange drawn on its bankers in London, to be negotiated by him at his station, the foreign money in which he is paid should be reckoned at its current commercial value at the time and place of payment in the coin of the United States. He is entitled to receive his salary in the money of the United States, or in its actual market equivalent. The supposed value of the foreign coin in the market or in the mints of the United States does not furnish a standard, for the minister cannot avail himself of it, but must resort to the market of the place where he is. In the absence of a current commercial value of American coin at the place of payment, the payments must be deemed to have been made on the one side and received on the other at the real or intrinsic value of the coin used. The mint value of the coin of the United States does not furnish a standard, because it is a distant and arbitrary value, of which the payee cannot avail himself." Clay's Case, (1872) 8 Ct. Cl. 209. Sec. 1676. [Agent and consul-general at Cairo.] The agent and consul-general at Cairo shall be entitled to compensation at the rate of three thousand five hundred dollars per annum. [R. S.] This section was amended to read as above given by the Act of March 3, 1875, ch. 153. Originally this section was as follows: "A commissioner appointed to any of the countries mentioned in the preceding section shall be entitled to receive seventy-five per centum of the salary therein provided for the envoy extraordinary and minister plenipotentiary or the minister resident to such country; and a chargé d'affaires so appointed shall be entitled to receive fifty per centum of such salary.” The title and designation of the officer was changed by a Resolution of Jan. 8, 1874, No. 1, given infra, p. 16. By the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1117, there was appropriated for the agent and consulgeneral at Cairo, $6,500. Sec. 1677. [Secretary of legation to Turkey.] The consul-general at Constantinople shall be the secretary of the legation to Turkey, but shall receive compensation only as consul-general. [R. S.] Act of Feb. 22, 1873, ch. 184, 17 Stat. L. 472. |