No. 144.
Mr. Fish to Mr. Aver.

No. 2.]

Sir: Herewith I inclose a copy of “An act relating to Ambassadors, Consuls, and other officers,” approved on the 17th instant, and invite your attention to that part thereof relative to recommendations by diplomatic officers of the United States, of citizens of the same, to positions of trust or profit under the government of the country in which they are located, without the consent of the Secretary of State being previously obtained.

You are consequently instructed, whenever, in your opinion, the interests of this Government will be promoted by the appointment of Americans to office in China, to make such recommendations relating thereto as you may deem proper. You will, however, be expected to report each case to the Department.

I am, &c.,


AN ACT relating to Ambassadors, Consuls and other officers.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That no Ambassador, Envoy Extraordinary, Minister Plenipotentiary, Minister Resident, Commissioner to any foreign country, chargé d’affaires, Secretary of Legation, Assistant Secretary of Legation, Interpreter to any legation in any foreign country, Consul General, Consul, Commercial Agent, consular pupils, or consular agent shall be absent from his post or the performance of his duties for a longer period than ten days at any one time, without the permission previously obtained of the President. And no compensation shall be allowed for the time of any such absence in any case except in cases of sickness; 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 of trust or profit under the government of the country in which he is located; nor ask or accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind from any such government.