Mutual ranking of Consular officers.

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150

§ 150. The rank of the Consular officer has not yet been made an object of international understanding like the mutual ranking of the diplomatic agents noted in paragraph 146. Nevertheless international usages have ascribed to Consular officers the same right to marks of respect and on

country, except as specially exempted by treaty. The Cousulates in Germany are not to be made asylums for the subjects of other Powers.

30.-Exemption from Arrest. By convention with Belgium, Germany, Netherlands, and Italy, the Consul is exempted from arrest, except for crimes. By treaty with Turkey he is entitled to suitable distinction and necessary aid and protection. In Muscat he enjoys the inviolability of a diplomatic officer. In Austria-Hungary and France he is to enjoy personal immunities; but in France, if a citizen of France or owning property there, or engaged in commerce, he can claim only the immunities granted to other citizens of the country who own property or to merchants. In Austria-Hungary, if engaging in business, he can be detained only for commercial debts. In Columbia the Consuls of the United States have no diplomatic character. In Great Britain, Liberia, Netherlands (and colonies), Nicaragua, and Paraguay, they are regarded as appointed for the protection of trade.

4°.-Exemption from Obligations to appear as a Witness. This is secured absolutely by convention with France; and, except for defence of persons charged with crime, by conventions with AustriaHungary, Belgium, Italy, and Salvador. In such case the testimony may be taken in writing at his dwelling. If the Consul claims this privilege, he should, in such case, offer to give his evidence in the mode prescribed by the particular convention, and should throw no impediment in the way of the proper administration of justice in the country of his official residence.

5°.-Exemption from Taxation. When the Consul is not a citizen of the country in which the Consulate is situated, and does not own real estate therein, and is not engaged in business therein, he is secured against the liability to taxation by treaties or conventions with Austria-Hungary, Belgium, Bolivia, Denmark, Ecuador, France, Germany, Hayti, Italy, the Netherlands (and colonies), Peru, Salvador, Columbia, and Mexico; and in Germany the official income of a Consul is not taxable; but in the Dominican Republic, the Orange Free State, Persia, Portugal, the Hawaiian Islands, Russia, aud Switzerland, if Consuls. engage in business, they are subject to the laws of the country. And in general, if a Consular officer engages in business or owns property in the country of his official residence, he cannot claim other exemptions in respect of such business or property than are accorded to citizens or subjects of the country.

6°.-Exemption from Military Billetings or Service and Public Service. If not citizens of the country of their Consular residence, or domiciled at the time of the appointment in it, the exemption from military billetings or service is secured by conventions, with AustriaHungary, Belgium, France, Germany, Netherlands, and Italy; and

the same system as such is customary among diplomatic agents accredited at the same Court. As by the Law of Nations all sovereign States are considered equal in rank, with respect to ceremonials and precedence, Consular officers of the same rank in the Consular service, admitted by

the exemption from all public service is secured by treaties with Denmark, Germany, Peru, San Salvador, Columbia, New Granada, and Mexico. In Columbia, the exemption also extends to officers, secretaries, and attachés.

70.-Infraction of Treaties. The right in such case to correspond with the local authorities is secured by conventions with AustriaHungary, Belgium, Columbia, France, Germany, Italy, Netherlands (and colonies), and Salvador; and in case the local authorities fail to give redress, and there be no diplomatic representative, the Consul may apply to the Government.

8°.-The Use of the National Arms and Flags on Offices and Dwellings. The right to place the national arms and the name of the Consulate on the offices is given by treaties with Austria-Hungary and the Netherlands (and colonies); on their offices or dwellings by treaty with Belgium and Germany; the right to place the national flag on their dwellings, except where there is a legation, by treaties with Austria-Hungary, Belgium and Germany; the right to place the arms, name, and flag on their offices or dwellings, by treaties with France and Salvador; and on their offices, by treaty with Italy; and the right to place the name and flag on their dwellings, by treaty with Columbia.

90.--Depositions. The right to take depositions is secured by conventions with Austria-Hungary, Belgium, France, Germany, Italy, Netherlands, New Granada, and Salvador. Objection has been raised by the German Government to the taking of testimony by Consular officers of the United States in Germany, except as provided by Article IX of the treaty of 1871. Efforts have been made to induce the German authorities to permit testimony to be taken with the same freedom as in the United States, but without effect, it being stated that the laws of Germany provide for letters-rogatory in such

cases.

10°.-Jurisdiction over Disputes between Masters, Officers and Crews. Exclusive jurisdiction over such disputes in the vessels of the United States, including questions of wages, is conferred by treaties or con ventions with Austria-Hungary, Belgium, Columbia, Denmark, Dominican Republic, France, Germany, Greece, Italy, the Netherlands (and the colonies), Portugal, Russia, Salvador, Sweden and Norway, and Tripoli.

11°.-Right to reclaim Deserters. The right to reclaim deserters from the vessels of the United States is conferred by treaties or conventions with Austria-Hungary, Bolivia, Belgium, Columbia, Denmark, Ecuador, France, Greece, Germany, Hanseatic Republics, Hawaiian Islands, Hayti, Italy, Japan, Mexico, Madagascar, the

Assimilation with Naval officers' rank.

MUTUAL DUTIES OF STATES. [CHAFTS
Iv.]

the same Government, have precedence among themselves, according to the dates of their respective exequaturs.

The official relations which Consular officers entertain with Naval officers made it necessary to assimilate their rank with those of the Navy.

Netherlands (and colonies). Peru, Portugal, Russia, Salvador, Sweden and Norway, Dominican Republic, and Siam; but if the deserter has committed a crime against local law, the surrender will be delayed until after punishment.

12°.-Salvage and Wreck. The powers to adjust damages suffered at sea and in matters of wrecks and salvage are settled by treaties with Austria-Hungary, Belgium, Bolivia, Borneo, China, New Granada, Dominican Republic, Ecuador, France, Germany, Greece, Guatemala, Hawaiian Islands, Hayti, Honduras, Italy, Japan, Lew Chew, Liberia, Madagascar, Morocco, Muscat, Netherlands (including colonies), Ottoman Porte, Paraguay, Peru, Salvador, Siam, Spain, Sweden and Norway, Tripoli, Tunis, and Venezuela. In Muscat and the Ottoman Dominions they have the right, in the absence of the owner or agent, to receive the property of American citizens wrecked or captured from pirates.

13°.-Estates of Citizens of the United States, Deceased. In AustriaHungary, Belgium, Germany, Italy, and the Netherlands (and colonies), the local authorities are required to inform Consuls of the death of their countrymen, intestate, or without known heirs. In Germany, Consuls have the right to appear for absent heirs or creditors until regularly authorized representatives appear. In Peru, Salvador, Tunis, Morocco, Muscat, Persia and Tripoli they may adminis ter the property of their deceased countrymen. In Columbia they may do so, except when legislation prevents it. In Costa Rica, Honduras, and Nicaragua they may nominate curators to take charge of such property, so far as local laws permit. In Paraguay they may become temporary custodians of such property. In Germany they may take charge of the effects of deceased sailors.

14°.-Extradition of Fugitive Criminals. Provision has been secured in the treaties with certain countries under which the requisitions for the surrender of fugitives from justice may be made by Consular officers, in the absence of a diplomatic representative. In such cases the requisition is made by the superior Consular officer. Treaties of this character have been concluded with Belgium, the Dominican Republic, Ecuador, Italy, Netherlands, Nicaragua, Orange Free State, Ottoman Empire, Salvador, Siam, Spain, Sweden and Norway, and the Swiss Confederation.

15°-Jurisdiction over Offences and Crimes. Consuls have exclusive jurisdiction over crimes and offences committed by citizens of the United States in Borneo, China, Japan, Madagascar, and Siam. In Morocco, Tripoli, and Tunis the Consuls are empowered to assist in the trial of citizens of the United States accused of murder or

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This assimilation is however not the same in all States, but with most nationalities ConsulsGeneral are assimilated with the rank of Commodore, Consuls with Captains (Capitaine de vaisseau) and Consuls of the second class and Vice-Consuls with that of a Commander (Capitaine de frégate).

The rank which they hold among officers of their own State, civil, naval or military, being

assault. In Persia citizens of the United States committing offences are to be tried and judged in the same manner as are the subjects or citizens of the most favored Nation. Americans committing offences in Turkey should be tried by their Minister or Consul, and are to be punished according to their offence, following, in this respect, the usage observed toward other Franks; but, in consequence of a disagreement as to the true text of the treaty, Consuls in the Ottoman Dominions are instructed to take the directions of the Minister of the United States at Constantinople in all cases before assuming to exercise jurisdiction over criminal offences. In China and Japan the question of the judicial authority of Consuls of the United States over persons serving on American vessels has been construed as authorizing Consular officers to assume jurisdiction where offences are committed on shore by foreigners serving on board American merchant vessels, when such foreigners are citizens or subjects of countries having no treaty engagements upon the subject with China and Japan, or when, being subjects or citizens of treaty powers, their own Consuls decline to assume jurisdiction. Under other circumstances a Consul of the United States in China cannot entertain a criminal charge against a citizen or subject of another Power.

Seamen serving on board public vessels of the United States, who have committed offences on shore in Japan and China, are held to be subject to the jurisdiction of the Consul of the country under whose flag they are serving.

16°.-Civil Jurisdiction. Jurisdiction over civil disputes is conferred by treaties with Borneo (Brunei), China, Japan, Ottoman Porte, Madagascar, Siam, Morocco, Muscat, Persia, Tripoli, Tunis, and the Samoan Islands. This jurisdiction is exclusive in disputes between citizens of the United States. In Persia suits and disputes between Persian subjects and American citizens are to be heard before the Persian tribunals where the Consul is located, and in the presence of an employé of the Consul. In Japan it extends to claims of Japanese against Americans. In China, Siam, and Samoa the jurisdiction is joint in controversies between Americans and Chinese, Siamese or Samoans. In Madagascar the exclusive jurisdiction extends to disputes between citizens of the United States and subjects of Madagascar. În Turkey there can be no hearing in a dispute between Turks and Americans unless the dragoman of the Consulate is present.

Regulations for the Consular officers of the United States of America, 1881, Sections 83-101.

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regulated by the laws of their State, says Halleck, is not a matter of international jurisprudence, nor does it come within the province of the State where they reside, to interfere in any differences between officers of a foreign Government, with respect either to relative rank among themselves or to their authority over each other. *

* DE CLERCQ et DE VALLAT. Guide Pratique des Consulates. Ed. 1868. Vol. I. p. 45. HALLECK. Edit. Sir Sherston Baker. Vol. I. p. 314. PHILLIMORE. Int. Law. Vol. II. § 246.

The British Foreign Office Instructions of 1868 contain the following regulations, with respect to the ranking etc., of British Consular officers.

British Consular officers take rank in their respective grades among their colleagues at the port of their residence, in conformity with the rules prescribed by the Congress of Vienna for diplomatic agents, viz.: seniority according to official title and to priority of recognition. The rights and privileges of Consular officers are of two kinds: those defined by treaty and those regulated by local law or custom. Consular officers should maintain their right to privileges or exemptions which by treaty or by custom they may be fully entitled to demand but they must not aim at more; and in any case of difference of opinion between them and the officers of other Governments, they must avoid giving offence and should conduct the controversy in a spirit of conciliation calculated to render unnecessary the reference which, if the difference cannot be arranged, must be made by the Consular officer to the British Secretary of State.

In the countries where it may be the custom for foreign Consuls to hoist the national flags of their respective Nations over their residences, the flag to be hoisted by British Consular officers is the Union Jack. If the regulations of the country or of the place in which the Consular officer resides do not permit a display of this kind, and if such regulations are applicable to foreign Consuls generally, the British Consular officer should not hoist the British flag.

The interchange of visits in foreign ports between British Naval officers and British Consuls is arranged as follows:

On the arrival of a British ship of war at a foreign port, the first visit is made by the Naval or Consular officer who may be subordinate in relative rank; but the senior Naval officer present is on all occasions to arrange to provide a suitable boat for Consular officers to pay their official visits afloat, and to reland them, on the said officers notifying their wish to have a boat sent for their accommodation.

The above ceremonial is dependent on the relative rank accorded to certain Naval and Consular officers and such relative rank having undergone several changes since the Naval Regulations were established, the following scale of precedence between Naval and Consular officers has been substituted :

Agents and Consuls General.-To rank with, but after, Rear-
Admirals.

Consuls General.-To rank with, but after, Commodores.