Consular pow SEC. 1433. The commanding officer of any fleet, squadron, or vessel Title 15, Chap. 2. acting singly, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be anthorized to ers. exercise all the powers of a consul in relation to mariners of the United States. 20 Feb., 1845, s. 2, v. 5, p. 725. SEC. 1440. If any officer of the Navy accepts or holds an appointment Accepting ap in the diplomatic or consular service of the Government, he shall be point ments in considered as having resigned his place in the Navy, and it shall be diplomatic serv. filled as a vacancy. 30 March, 1868, s. 2, v. 15, p. 58. ice. Definition of SEC. 1674. The official designations employed throughout this Title Title 18, Chap. 1. shall be deemed to have the following meanings, respectively: First. "Consul-general," "consul," and "commercial agent," shall official designabe deemed to denote full, principal, and permanent consular officers, as tions employed in 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 consuls-general, 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, vicecommercial 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. 18 Aug, 1856, s. 1, v. 11, p. 64. 20 June, 1864, s. 1, v. 13, p. 138. [By section 4130 R. S. as amended, the word "minister" is understood to mean the person invested with, and exercising the principal diplomatic functions. The word "consul" is understood to mean any person invested by the United States with, and exercising the functions of Consul-General, Vice-Consul:General, Consul or Vice-Consul. ] this title. Protests. SEC. 1707. Consuls and vice-consuls shall have the right, in the ports Title 18, Chap. 2. or places to which they are severally appointed, of receiving the protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States. 14 April, 1792, s. 2, v. 1, p. 255. SEC. 1708. Every consular officer shall keep a detailed list of all sea- Lists and remen and mariners shipped and discharged by him, specifying their turns of seamen, names and the names of the vessels on which they are shipped and from vessels, &c. Estates of decedents. Notification of death. Decedent's di lowed. which they are discharged, and the payments, if any, made on account of each so discharged; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Secretary of the Treasury. [See § § 4561, 4580, under MERCHANT SERVICE.] 18 Aug., 1856, s. 27, v. 11, p. 62. SEC. 1709. It shall be the duty of consuls and vice-consuls, where the laws of the country permit: First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects. Second. To inventory the same with the assistance of two merchants of the United States, or, for want of them, of any others at their choice. Third. To collect the debts due the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted. Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary, for the payment of his debts, and, at the expiration of one year from his decease, the residue. Fifth. To transmit the balance of the estate to the Treasury, of the United States, to be holden in trust for the legal claimant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings. 14 April, 1792, s. 2, v. 1, p. 255. SEC. 1710. For the information of the representative of the deceased, the consul or vice-consul, in the settlement of his estate, shall immediately notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased, taken as before directed. Idem. SEC. 1711. When any citizen of the United States, dying abroad, rections to be fol- leaves, by any lawful testamentary disposition, special directions for the custody and management, by the consular officer of the port or place where he dies, of the personal property of which he dies possessed in such country, such officer shall, so far as the laws of the country permit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary disposition, any other person than such officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to protect the property of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person, and not otherwise. 18 Aug., 1856, s. 28, v. 11, p. 63. False certifi SEC. 1737. If any consul, vice-consul, commercial agent, or vice-comcate of property. mercial agent falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars. When consular 28 Feb., 1803, s. 7, v. 2, p. 204. SEC. 1738. No consular officer shall exercise diplomatic functions, or officers may per- hold any diplomatic correspondence or relation on the part of the Uniform diplomatic ted States, in, with, or to the Government or country to which he isap functions. pointed, or any other country or Government, when there is in such country any officer of the United States authorized to perform diplomatic functions therein; nor in any case, unless expressly authorized by the President so to do. [See § 5335, under TREASON.] 18 Aug., 1856, s. 12, v. 11, p. 56. Depositions. cases. SEC. 1750. Every Secretary of legation and consular officer is hereby Title 18, Chap. 3. authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person, Penalty for pershall willfully and corruptly commit perjury, or by any means procure jury in such any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any document purporting to have affixed, impressed, or subscribed thereto or thereon the taking the oath. seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or Penalty for shall tender in evidence any such document with a false or counterfeit forging certifi seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested or in custody. [See §§ 5392, 5393, PERJURY.] 18 Aug., 1856, s. 24, v. 11, p. 61. Evidence of cate of oath. Certain corre SEC. 1751. No diplomatic or consular officer shall correspond in regard to the public affairs of any foreign Government with any private spondence by offi cers prohibited. person,newspaper, or other periodical, or otherwise than with the proper officers of the United States, nor recommend any person, at home or abroad, for any employment of trust or profit under the Government of the country in which he is located; nor ask nor accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such Government. [See June 17, 1874, post.] Ibid., s. 19, p. 59. June 17, 1874. Certain corre. spondence for bidden. Not to recom Nor shall any diplomatic or consular officer correspond in regard to the public affairs of any foreign Government with any private person, newspaper, or other periodical, or otherwise than with the proper officers of the United States; nor without the consent of the Secretary of State previously obtained, recommend any person at home or abroad for any employment or trust or profit under the Government of the mend persons for employment country in which he is located; nor ask or accept for himself or any accept titles or other person, any present, emolument, pecuniary favor, office, or title presents. of any kind from any such Government. or 17 June, 1874, v. 18, p. 77. EXPATRIATION. Sec. 1999. Right of expatriation declared. 2000. Protection of naturalized citizens in foreign countries. Title 25. Sec. 2001. Release of citizens imprisoned by foreign governments. SEC. 1999. Whereas the right of expatriation is a natural and inherRight of expa- ent right of all people, indispensable to the enjoyment of the rights of triation declared. life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic. Protection to 27 July, 1868, s. 1, v. 15, p. 223. SEC. 2000. All naturalized citizens of the United States, while in fornaturalized citi- eign countries, are entitled to and shall receive from this Government zens in foreign the same protection of persons and property which is accorded to native states. Release of citi ernments to be demanded. born citizens. Ibid., s. 2, p. 224. SEC. 2001. Whenever it is made known to the President that any citizens imprisoned zen of the United States has been unjustly deprived of his liberty by or by foreign gov under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the Presi dent to Congress. Title 66. Sec. 5277. Penalty for opposing agent, &c. 5278. Fugitives from justice of a State or Terri tory. 5279. Penalty for resisting agent, &c. 5280. Arrest of deserting seamen from foreign ves sels. 5409. Allowing prisoners to escape. 5410. Application of preceding section. SEC. 5270. Whenever there is a treaty or convention for extradition between the Government of the United States and any foreign governFugitives from the justice of a ment, any justice of the Supreme Court, circuit judge, district judge, foreign country. commissioner, authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made. 12 Aug., 1848, s. 1, v. 9, p. 302.. SEC. 5271. In every case of complaint and of a hearing upon the re- Evidence on the turn of the warrant of arrest, any depositions, warrants, or other papers hearing. offered in evidence, shall be admitted and received for the purpose of such hearing if they shall be properly and legally authenticated so as to entitle them to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants, or other papers, shall, if authenticated according to the law of such foreign country, be in like manner received as evidence; and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any such deposition, warrant or other paper, or copy thereof, is authenticated in the manner required by this section. 12 Aug., 1848, s. 2, v. 9, p. 302. 22 June, 1860, v. 12, p. 84. 19 June, 1876, v. 19, p. 59. SEC. 5272. It shall be lawful for the Secretary of State, under his Surrender of the hand and seal of office, to order the person so committed to be delivered fugitive. to such person as shall be authorized, in the name and on behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly; and it shall be lawful for the person so authorized to hold such person in custody, and to take him to the territory of such foreign government, pursuant to such treaty. If the person so accused shall escape out of any custody to which he shall be committed, or to which he shall be delivered, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he shall so escape, may be retaken on an escape. [See §§ 5409, 5410.] 12 Aug., 1848, s. 3, v. 9, p. 302. Time allowed SEC. 5273. Whenever any person who is committed under this title or any treaty, to remain until delivered up in pursuance of a requisition, for extradition. is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. Idem, s. 4. ited. SEC. 5274. The provisions of this Title relating to the surrender of Continuance of persons who have committed crimes in foreign countries shall continne provisions limin force during the existence of any treaty of extradition with any foreign Government, and no longer. Idem, s. 5. SEC. 5275. Whenever any person is delivered by any foreign Govern- Protection of ment to an agent of the United States, for the purpose of being brought the accused. within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. 3 March, 1869, s. 1, v. 15 p. 337. |