Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-05
AMERICAN" NOT OFFICIAL.
Consular Officers to Use Title Of Their
Commissions in Legal Business.

The action of the Secretary of State in In
structing the consular officers Of the United
States to use their commissioned title only
when acting In the notarial capacity, re-
ferred to briefly in Saturdays Star. was
based upon representations from lawyers
in New York and elsewhere, that some of
the consuls employed the word American
as part of their official title, instead of the
words United States 1t appears that the
mails from foreign countries contain num-
erous legal instruments, such as deeds,
mortgages. aff1davits in civil suits, authori-
cation in will cases, ETC., acknowledged by
Americans abroad, before consuls or other
representatives of the United States gov
eminent. Many of these papers show the
title american consul attached to the
signature of the acknowledging representa-
tive. 1t has been represented that the use
of the above title in the certiflcation of legal
papers may cause their invalidation.
A vigorous protest against this alleged in
novatton on the part of consular officers
was recently received at the State Depart
ment from a leading law firm Of New York
city. In which the question Is discussed at
length to show ''the dangerous and Illegal
character" of the change.
without undertaking in any manner"
say the petitioners, ITO criticise the pro-
priety Of the change of designation when
the official title is used in popular sense,
we take the liberty Of saying that the term
American CONSUL does not come within the
recording statutes of the state Of New York
respecting the acknowledgment and proof
of deeds, etc., in foreign countries
under these statutes we think there Is
grave doubt as to the admissibility of an
instrument verified before an American
CONSUL or the right to have recorded
deed acknowledged before such function
airy. So far as we know, there is not a
single state in the Union the recording stat
utes of which confer the power to take
acknowledgment and proof of deeds upon
American consuls.' though nearly all of
them give that power to United States con-
suls' or 'consuls of the United States SINH
larly, the United States Revised Statutes,
respecting diplomatic and consular officers,
in number of instances, use the descrip-
tive phrase of the United States following
the title of the officer, but we have been
unable to discover a single instance OF the
use of the word American preceding such
title. We understand that the presidential
nomination, the Senate's confirmation ana
the official commission likewise describe the
legal status of a consul as consul or the
United States
order to prevent Acknowledgements and affi-
dayits taken abroad before our consular OFF,
GERS from being useless, or, at any rate, OF
doubtful validity, we take the liberty or
calling the matter to your attention, and or
respectfully suggesting that where acting
in a notarial capacity, consular officers
should describe themselves by their official
titles az fixed by the statutes of the United
States and of the respective states in which
the Instruments are to be used"
1t Is explained at the State department
that it was never contemplated by the Off,
Gals at Washington that the diplomatic
and consular officers Of this government
should use any other title than that con-
tanned in their commissions when acting IN
a legal or purely official capacity. and they
have been so informed as a result of recent
representations of contrary practice. 1t
is admitted. however. that the use of the
title American by such officers is en-
couraged in all cases where the proper legal
designation of the United States is not es-
sential
Moreover, the department has adopted the
practice of addressing its mail to the
"American embassy" or the American
consulate" as the case may be, and OF
using the descriptive adjective American
in other ceases where there is no legal ne
cessfty for the employment OF the term
ssJynited States" 1t is confidently expected
that the existing Misrepresentation as to the
proper term to use under certain condi-
lions will soon be Strengthened out to the
satisfaction of all concerned