Diplomatic and consular service, American; United States -- Colonial question; United States -- Politics and government
Consuls are not allowed to give their names as business references, nor
to report the financial standing of houses in their districts. Such
requests should be referred to banks or business agencies.
“Consular officers are not authorized to indorse notes or bills of
exchange, nor in other ways to become responsible pecuniarily for
American citizens or others who have no personal claims upon them.” Such
transactions are not a part of the official duties of a consular
officer. He is “not authorized to lend money to indigent citizens of the
United States or others, nor to incur expenses or liabilities for any
persons except seamen of the United States, in the expectation of
reimbursement by the Government”.
Consular officers are forbidden to solemnize marriages. A marriage may
be solemnized in the presence of a consular officer as a witness, and in
that case it has certain peculiarities, as will be seen from the
following:
According to international law the mode of solemnizing marriage conforms
to the law of the place where it is performed. But there are many
conceivable circumstances which might make this undesirable, and in such
cases it is declared by the statutes that “marriages in presence of any
consular officer of the United States in a foreign country, between
persons who would be authorized to marry if residing in the District of
Columbia, shall be valid to all intents and purposes, and shall have the
same effect as if solemnized within the United States”. In all such
cases the consul must give a certificate to each of the parties and
forward a copy to the Department of State.
In case of the death of an American citizen abroad, it is the duty of
the consul to take possession of his estate, provided there is no other
legal representative, and provided, also, the laws of the country so
permit,—to inventory the same with the help of two merchants (Americans,
preferably), to make collections and to discharge the debts due from the
estate, to sell at public auction such part as is of a perishable
nature, and at the expiration of one year the remainder, and finally to
transmit the proceeds to the Treasury of the United States to be held in
trust for the legal claimants, who, however, are at liberty to appear at
any time and take charge of the proceedings and the estate themselves.
This applies to personal property only—real estate being administered
according to the laws of the locality. In the absence of a treaty
covering such points the consul is to proceed in the above manner unless
it is known that the local authorities are unwilling, for “he should
avoid the appearance of opposing or disregarding actual local
requirements”.
The same proceedings as the above are followed in case a citizen dies on
the high seas “on either an American or a foreign vessel, and his
effects are brought within a consular district”.
JUDICIAL DUTIES—IN NON-CHRISTIAN COUNTRIES.
Public-domain text, read in full here on John Shaqi.
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