to institute a proceeding in rem, where the rights of the property of his fellow-citizens are in question."*

"It has been observed, says Sir Robert Phillimore further, that the institution of the Consulate is a result of international comity; and that the refusal to receive a foreign Consul is no breach of strict International Law. But a Consul, admitted without any express stipulation, is entitled to the same privileges as his predecessor's have enjoyed, upon the general principle mentioned in a former chapter, that every Nation is presumed to follow custom and usage in its treatment of foreigners, and is bound to give previous warning of its intention, if it have any, of adopting a different course with respect to them. As a general rule, and in the absence of any treaty upon the subject, the Consul looks for his authority and functions to the diplomatic instrument by which he is appointed to his office, to the exequatur which empowers him to exercise them, and to any modification which the particular law or custom of the country in which he is placed may apply to them; and he must always remember, that the principal end and object of the Consulate is to protect the external commerce and the national navigation of his own country in the rights secured to them by usage or treaty.

"Some Nations permit, and others forbid, their Consuls to trade; a trading Consul is, in. all that concerns his trade, liable to the local authorities in the same way as any native merchant. In fact, sometimes natives of the place itself, in which Consular services are required, are appointed Consuls; and thus are, at one and the same time, the subjects of the country in which they dwell and agents of a foreign State. The prero

The Bella Corrunes. 6. Wheat, 152.

Consular privileges under the

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gatives of such Consuls are limited to the enjoyment of exemption from lodging soldiers and from personal service in the civic guards or militia."*

The Regulations for the Consular Service of the United States of America of 1881, sustain the following principles with regard to the privileges and powers of Consular officers under the Law of Nations.

"In the early middle ages, and before the Law of Nations. establishment of more or less permanent legations, Consuls appear to have enjoyed the right of exterritoriality, and the privileges and immunities now accorded to diplomatic representatives. In non-Christian and semi-civilized countries these privileges have, to a large degree, been preserved to them, and they have the sanction both of treaty and usage. Upon the establishment of legations, however, the exemptions and immunities granted to Consuls came to be regarded as a limitation of the territorial rights of the Sovereign, and they have in the process of time been restricted to such as are necessarily incident to the Consular office, or have been provided for by treaty, or are supported by long established customs, or the particular laws of the place. A Consular officer in civilized countries now has, under public law, no acknowledged representative or diplomatic character as regards the country to which he is accredited, He has, however, a certain representative character as affecting the commercial interests of the country from which he receives his appointment; and there may be circumstances, as, for example in the absence of a diplomatic representative, which apart from usage, make it proper for him to address the local government upon subjects

* DE MARTENS. Le Guide Diplomatique. I. 398.

which relate to the duties and rights of his office and which are usually dealt with through a legation."

tent of the Con

Although Consuls have no right to claim the Ground and exprivileges and immunities of diplomatic repre- sular powers. sentatives, they are under the special protection of International Law, and are regarded as the officers both of the State which appoints and the State which receives them. The extent of their authority is derived from their commission and their exequatur; and it is believed that the granting of the latter instrument, without express restrictions, confers upon the Consul all rights and privileges necessary to the performance of the duties and the Consular office; and generally, a Consul may claim for himself and his office not only such rights and privileges as have been conceded by treaty, but also such as have the sanction of custom and local law, and have been enjoyed by his predecessors or by Consuls of other Nations, unless a formal notice has been given that they will not be extended to him."

leges and rights.

"A Consul may place the arms of his Govern- General priviment over his doors. Permission to display the national flag is not a matter of right, though it is usually accorded, and it is often provided for by treaty. He may claim inviolability for the archives and official property of his office, and their exemption from seizure or examination. He is protected from the billeting of soldiers in the Consular residence, and he may claim exemption from service on juries and in the militia, and from other public duties. It is probable, however, that all these privileges could not be claimed for subordinate officers, especially for those who are citizens or subjects of the foreign State. The jurisdiction allowed to Consuls in civilized coun

Trading Consuls.

Consular Power in countries

the right of ex

tries over disputes between their countrymen is voluntary and in the nature of arbitration, and it relates more specially to matters of trade and commerce. A Consul is, however, under public. law, subject to the payment of taxes and municipal imposts and duties on his property in the country or on his trade, and generally to the civil and criminal jurisdiction of the country in which he resides. It is probable, if he does not engage in business, and does not own real estate, that he would not be subject to arrest or incarceration except on a criminal charge, and in the case of the commission of a crime he may either be punished by the local laws or sent back to his own country. In the absence of a diplomatic representative, a Consul doubtless has the right of access to the authorities of the State in all matters appertaining to his office."

"The privileges of a Consul who engages in business in the country of his official residence are, under International Law, more restricted, especially if he is a subject or citizen of the foreign State. If his exequatur has been granted without limitations, he may claim the privileges and exemptions that are necessary to the performance of the duties of the office; but in all that concerns his personal status or his status as a merchant, it is doubtful that he can claim any rights or privileges not conceded to other subjects or citizens of the State."

"In Mohammedan and semi-civilized countries, where they enjoy the rights of exterritoriality have been largely territoriality. preserved, and have generally been confirmed by treaties to Consular officers. To a great degree they enjoy the immunities of diplomatic representatives, besides certain prerogatives of jurisdicton, together, with the right of worship, and, to some extent, the right of asylum,

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The immunities extend to an exemption from both the civil and criminal jurisdiction of the country to which they are sent, and protect their household and the effects covered by the Consular residence. The personal property of Consuls is exempt from taxation, though it may be otherwise with real estate or movables not connected with the Consulate. Generally, Consuls are exempt from all personal impositions that arise from the character or equality of a subject or citizen of the country. The Consular jurisdiction in these countries is both civil and criminal, and has in most cases been provided for by the stipulations of treaties. The extent of its exercise as well as the penalties and punishments to be enforced, depend generally upon the laws of the Consul's own country to the exclusion of the jurisdiction of all local tribunals."

"Consuls have no claim, under International Law, to any foreign ceremonial, and no right of precedence except among themselves, and in their relation to the military and naval officers of their own country. This precedence, as to officers of the same grade in the Consular Body of the place, depends upon the date of the respective exequa

turs.

* Regulations for the Consular officers of the United States; 1881, Sections 75-82.

The privileges and powers of Consular officers of the United States of America, which are secured by that country under treaties and conventions with foreign Powers, are stated in the above mentioned Consular regulations as follow.

10.-Inviolability of the Archives and Papers of the Consulate. This is secured by treaties with Austria-Hungary, the Argentine Confederation, Bolivia, Belgium, Columbia, Denmark, Dominican Republic, Ecuador, France, Germany, Greece, Hayti, Mexico, the Netherlands (and Colonies), Orange Free State, Peru, Portugal, Salvador, Sweden and Norway, Switzerland, Muscat, and New Grenada.

20.-Inviolability of the Consular Office and Dwelling. This is secured by treaties with Belgium, Bolivia, France, Germany (of Consuls not citizens), Italy, Muscat, and Salvador; but the dwelling cannot be used as an asylum. It is agreed with Columbia that the persons and dwellings of Consuls are to be subject to the laws of the