The government affords all the protection it can under the circumstances. Of course it can have no jurisdiction in criminal cases, except in uncivilized countries, and it can have no civil jurisdiction except by treaty or by the law of the land. “The right of a citizen to claim protection is founded upon the ‘correlative right’ of his country to his ‘allegiance and support.’” Consuls are “particularly cautioned not to enter into any contentions that can be avoided, either with their countrymen or with the subjects or authorities of the country. They should use every endeavor,” continues the “Regulations”, “to settle in an amicable manner all disputes in which their countrymen may be concerned, but they should take no part in litigation between citizens. They should countenance and protect them before the authorities of the country in all cases in which they may be injured or oppressed, but their efforts should not be extended to those who have been wilfully guilty of an infraction of the local laws. It is incumbent upon citizens of the United States to observe the reasonable laws of the country where they may be. It is their duty to endeavor on all occasions to maintain and promote all the rightful interests of citizens, and to protect them in all privileges that are provided for by treaty or are conceded by usage. If representations are made to the local authorities and fail to secure the proper redress, the case should be reported to the consul general, if there be one, or to the diplomatic representative if there be no consul general, and to the Department of State.”
I have quoted this passage almost entirely because it is the best expression to be found, probably, of the general attitude of the Government of the United States toward its citizens abroad.
Citizens intending to sojourn abroad should register at the consulate within which they are to reside. This is not required, but it may be a great convenience both ways.
Who are citizens? (1) “All persons born in the United States and subject to the jurisdiction thereof”; (2) all children born to such natives, even if beyond the jurisdiction of the United States; (3) “any white woman, or woman of African nativity or descent, or Indian woman, married to a citizen of the United States, is a citizen thereof”; (4) naturalized citizens; (5) the minor children of naturalized citizens.
“An official letter of introduction, when given to a citizen of the United States, is valuable to the holder for prompt identification in case he needs the intervention of a consular officer in his behalf. But in no case must the letter be understood or taken as implying any claim upon the consul for hospitality or personal courtesies beyond the politeness always due to citizens of the United States when they have legitimate business with a consulate”.
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”.