Samuel Blatchford

“ It is contended for the United States that the claimant has no right to appeal in regard to the items which he claims were improperly disallowed, because they do not in the aggregate amount to more than $3 000. ”

“ Soon after assuming charge of the consulate, to-wit, February 21 and March 19, 1879, claimant informed the department of state that since the enactment of the law of February 19, 1862, prohibiting the coolie trade in which American vessels had been engaged, it had been the practice at Hong Kong to procure for American and foreign vessels carrying Chinese passengers to the United States a consular certificate of the fact that they were free and voluntary emigrants. ”

“ By section 2853 of the Revised Statutes, 'all invoices of merchandise imported from any foreign country' are to be made in triplicate, whether the goods have actually been purchased or have been procured otherwise than by purchase. By section 2854, 'all such invoices' are required, before the merchandise is shipped, to be produced to the proper consul. ”

“ It is to be observed that this paragraph uses the word 'required,' and does not say that all acts are to be regarded as official services when the consul uses his seal and title officially, or either of them. Paragraph 333 of those regulations contains a tariff of fees for 107 different services; but none of them specifies the fee for an examination of Chinese emigrants going to the United States on foreign vessels. ”

“ In the case of American or foreign-built vessels purchased abroad and wholly owned by American citizens, it is known that the crews are usually made up of men who are not American citizens, and who have not acquired the character of American seamen under the law and as set forth in paragraph 199. ”

“ He should make himself as useful as he can to his fellow-citizens, without giving offense to the government which gives him his exequatur. But it must be understood in all such cases that he acts as a private citizen, and that the government cannot in any way be made responsible for his acts.' Like provisions are found in paragraphs 471 to 477 of the consular regulations of 1881 ”

“ It rejected the claim of $1,592 for certifying extra copies or quadruplicate invoices of goods shipped to the United States, being the amount proved and found as to item 2; and also items a, c, and e, in finding 12, amounting to $435.80, being a part of the $644.01 in item 4. A judgment was rendered for the claimant for $13,839.21, from which both parties appealed. The opinion of the court of claims, disposing of the various matters involved, is reported in 24 Ct. Cl. 1. ”