5. When a vacancy occurs in a consular office of which the lawful
annual compensation is $3,000 or more, it will be filled, at the
discretion of the President, either by the transfer of some person
already in the service or by a new appointment, which may be excepted
from the operation of the rules. But if the vacancy occur in an
office of which the lawful annual compensation, by salary or by fees
ascertained by the last official returns, is more than $1,000 and less
than $3,000, and it is not filled by transfer, applications will be
addressed to the Secretary of State, inclosing proper certificates of
character, responsibility, and capacity, and the Secretary will notify
the applicant who upon investigation appears to be most suitable and
competent to attend for examination; and if he shall be found qualified
he will be nominated for confirmation, but if not found qualified, or
if his nomination be not confirmed by the Senate, the Secretary will
proceed in like manner with the other applicants who appear to him to
be qualified. If, however, no applicants under this regulation shall be
found suitable and qualified, the vacancy will be filled at discretion.
The appointment of commercial agents and of consuls whose annual
compensation is $1,000 or less (if derived from fees, the amount to be
ascertained by the last official returns), of vice-consuls, deputy
consuls, and of consular agents and other officers who are appointed
upon the nomination of the principal officer, and for whom he is
responsible upon his official bond, may be, until otherwise ordered,
excepted from the operation of the rules.
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