in Mo dan coun tries. considerably of the character of resident ministers and Consular diplomatic agents. According to Mr Cushing, the United privileges States attorney-general, who has expounded his views in hamme a very able state-paper, it appears, "that the consuls of Christian states in the countries not Christian still retain unimpaired, and habitually exercise, their primitive functions of municipal magistrates for their countrymen, their commercial or international capacity in those countries being but a part of their general capacity as the delegated administrative and judicial agents of their nation. This condition of things 'came to be permanent in the Levant, that is in Greek Europe and its dependencies, by reason of the tide of Arabic and Tartar conquerors having overwhelmed so large a part of the Eastern empire, and established the Mohammedan religion there; but the result was different in Latin Europe; and this difference in the powers of consuls in these countries was founded on the difference of law." "Hence we find, as a consequence of the extra territoriality of foreign Christians, a complete system of peculiar legal and municipal administration existing in the Levant, consisting of (1) Turkish tribunals for questions between subjects of the Porte and foreign Christians. (2) Consular courts for the business of each nation of foreign Christians. (3) Trial of questions between foreign Christians of different nations in the consular court of the defendant's nation. (4) Mixed tribunals of Turkish magistrates and foreign Christians at length substituted by common consent, in part, for cases between Turks and foreign Christians: and (5) finally, for causes between foreign Christians the substitution also at length of mixed tribunals in place of the separate consular courts; an arrangement at first introduced by the legations of Austria, Great Britain, France, and Russia, and then tacitly acceded to by other foreign Christian legations"." In fact, from peculiar circumstances, European consuls in the Levant occupy a position entirely distinct from that of consuls in European countries. "There is," says a writer in an excellent foreign periodical3, "as much difference between 1 Opinions of Attorney-Generals, Vol. vII. pp. 346-348. 2 Opinions of Attorney-Generals, Vol. vII. p. 569. 3 M. Domenico Gatteschi in the Revue Historique de Droit Français et Étranger, 8°. année, p. 533, jurisdiction in Mohammedan countries. Consular the position and duties of these two sets of officials as between the position and rights of the consulate of the middle ages and of these modern days. European consuls accredited to the Ottoman Porte, and its tributary countries, are looked upon as public ministers, enjoying the prerogatives of ambassadors, and, as such, receiving from the Sultan a diploma of investiture in which they are designated by the title of baliosbey. By virtue of these prerogatives their houses become an inviolable asylum from the pursuit of the local laws and authorities. They are exempt from every custom-house tax and from arrest, are beyond the jurisdiction of Mussulman judges and functionaries, and can grant letters of protection, not only to the individuals immediately attached to their person, but to any one they choose to shield. In the East generally, and in Egypt specially, consuls possess every fundamental right that public international law has conceded to foreign ministers: viz. personal inviolability, exemption from local jurisdiction, and diplomatic honours'." These privileges and this immunity have been received by treaty in countries where love of commerce and respect for Christian merchants were not very conspicuous. We find that in old times consuls resided in the Barbary states under the protection of treaties; and in the empire of Morocco (for the subjugation of Algeria to French rule has altered the political boundaries of that part of the world) consuls reside and exercise their functions under the same kind of protection*.] 1 The exequatur of European consuls, or permission to enter upon the discharge of his office and functions, is termed barat in the Levant. 2 Shaler's Sketches of Algiers, pp. 39, 307. Wheaton's Elements, ed. 1863, Vol. 1. p. 224 n. (74). See also in De Cussy, Phases et Causes Célèbres, T. 1. p. 40, and following pages, a detailed enumeration of the edicts, ordinances, decrees, and regu lations of every nation, and of the treaties concluded between them on the subject of consuls and their duties. The following authorities may also be consulted for the foreign law on this subject. General authorities: De Miltitz, Manuel des Consuls, Lond. 1837, 2 Volumes. F. de Cussy, Règlements Consulaires des Principaux États Maritimes de l'Europe et de l'Amérique, Leips. et Paris, 1851. and Bursotti, Guide des Agents Consulaires, 1837. Special authorities: For France, Laget de Podio, Nouvelle Juridiction des Consuls de France à l'Etranger, 1843. Tancoigne, Le Guide de Chanceliers, 1843. Moreuil, Manuel des Agents Consulaires Français et Étrangers, 1853: and Dictionnaire des Chancel tion of the Su Court in Considering the importance of the consular functions, Jurisdic and the activity which is required of them in all great maritime ports, and the approach which consuls make to the efficacy and dignity of diplomatic characters, it was a wise provision in the constitution of the United States, which gave to the Supreme Court original jurisdiction in all cases affecting consuls, as well as ambassadors and other public ministers, and the federal jurisdiction is understood to be exclusive of the state courts'. preme the U. S. in respect sadors, Consuls, of Ambas &c. regula tions. [The organization of the consular establishment in French France depends on the "Ordonnances" of October and November, 1833, the law of the 28th March, 1836, and that of the 8th July, 1852, relating to the jurisdiction of consuls in China. The consular establishment is composed of consuls, general consuls of the first and second class, vice-consuls, and pupil-consuls; the consular posts being divided into consulates-general and consulates of the first and second class. In those states where France has no consulate-general, the consular duties are attached to the diplomatic mission; but a comparatively recent decree has provided for the position and duties of vice-consuls, placing them, for certain purposes, on a footing with those of consuls'. As the character of consul is, according to French law, incompatible with that of merchant, consuls, pupilconsuls, and chancelier, nominated by the chef du gouvernement, are strictly forbidden to engage in any kind of trade, direct or indirect, under the penalty of being recalled. Consuls are authorized to nominate, out of the most respectable French residents in the place, delegates leries diplomatiques et Consulaires, 1855. Declercy et Vallot, Guide pratique des Consulats, 1851. Dalloz, Jurisprudence générale, sub verbo Consuls. For the United States, Henshaw, A Manual for the United States Consuls, New York, 1849. For Austria, Neumann, Handbuch des Consulatswesens, Vienna, 1854. For Prussia, König, Preussens Consulat-Règlement, Berlin, 1854. For Portugal, Ribeiro Dos Santos, Traité du Consulat, Hamb. 1839. For Sardinia, Magnone, Manuel des Officiels Consulaires, dc. 1848; and see generally Calvo, Le Droit Internat. T. 1. Liv. x. section ii. pp. 584-629. 1 Commonwealth v. Kosloff, 5 Serg. and Raw. 545. Hall v. Young, 3 Pickering, 80. Davis v. Packard, 7 Peters' U. S. Rep. 276. Sartori v. Hamilton, 1 Green's N. I. Rep. 109 (all American). 2 22nd Dec. 1854. French regulations. British regulations. (agents consulaires, as they are called), for special purposes, but such right of delegation stops there. The power and duties of consuls vary in each country where they exist according to the legislation of such country. Certain general acts, however, they can do, such as giving passports to their countrymen, legalizing les actes drawn up by the public functionaries within the consular district, and discharging all the functions of an officer of the état civil. They may act as arbitrators where disputes happen between the subjects of their nation, or between such persons and the inhabitants of the country to which they are commissioned. So far as relates to the French mercantile marine, they act as guardians over French merchant-vessels in all the ports of their jurisdiction, subject, however, to the local rules and the authorities of the port where such vessels are lying. They are charged with the surveillance of the flag of France, to see that it is legally employed, and to represent and denounce any attempt to use it improperly. They are to take every possible means to prevent the traffic in slaves, and to see that all anti-slave-trade laws, where such exist, are fully carried out. Where any of their fellow-countrymen are arrested by the local authorities, their duty is to assist them by intercession, if available, and to see that they are humanely treated when in arrest, legally tried, and properly defended. Of course in these matters their duties may be more or less extensive by treaties. So far as the ships of war of their country are concerned, their office is to obtain assistance from the local authorities of the place to pursue and arrest deserters; and they are entitled, in the event of probable danger to the persons and property of their resident countrymen, to demand assistance from the commanders of the naval force or ships of war that may chance to be stationed at or near the place of danger. Lastly, they may be called upon, in the absence of diplomatic ministers, to discuss and settle questions of International Law'. The position and duties of consuls, under the administration of the laws of Great Britain, are now more clearly 1 For this sketch of the consular office under French law we are indebted to a note in the last French edition of Vattel, T. 1. p. 622, n. 2, by the learned editor, Mons. Pradier Fodéré. British defined and better understood than they were some years Consuls. back. Recent regulations and statutes have done much regulato remove the objections which were fairly levelled against tions. the inattention of this country to so important an office in the days when Mr Chitty first published his great work on the laws of commerce'. The selection of consuls, which in old times emanated from the merchants themselves, subject of course to the approval of the Crown, now rests entirely with the Secretary of State for Foreign Affairs. And, on appointment, every consul is informed as to his general duties by printed instructions. Of the principal part of these duties the following is an abstract. according to British tions. He must make it his particular study to become con- Duties of versant with the laws and general principles which relate Consuls to the trade of Great Britain with foreign parts; must make himself acquainted with the language and laws of the country wherein he resides, and especially with such laws as have any connection with the trade between the two countries; and must do all in his power to protect and promote the lawful trade and trading interests of Great Britain, taking special notice of all prohibitions with respect to exports or imports, and cautioning all British subjects against illicit commerce and the violations of the laws and regulations of the state in which he resides, and of Great Britain. He must give his best advice and assistance, when called upon, to the trading subjects of Great Britain, conciliating the subjects of the two countries, as much as possible, on all points of difference which may fall under his cognizance, and upholding the rightful interests and treaty privileges of British subjects by due representations in the proper quarter; applying to Her Majesty's Consul-General or to Her Majesty's minister, if redress cannot be obtained from the local administration. He must keep Her Majesty's Ministers fully informed of all occurrences of national interest within his consulate respecting commercial matters, as well as, in time of war, respecting the arming, equipment, or sailing of armed vessels belonging to Her Majesty's enemies. He is to inform persons who are liable to be taken by due process of the laws of the country where they are residing, that they cannot obtain 1 A.D. 1820. |