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tions are themselves classified according as the consul's reason for acting is primarily the direct interest of a citizen or the general interest of the sending state, and this latter division is again divided into Representative, Administrative, and Judicial Functions.
Consular Immunities, making possible the discharge of the consular office within the receiving state, follow logically.
The Organization of the service enables the government of the sending state to choose, retain, and direct its agents.
Certain Legislation on the part of the sending state is necessary to give adequate protection to consuls and compel its nationals to comply with the regulations which the consul is directed to carry out.
Consuls must receive the consent of the receiving state before entering upon the discharge of their duties, and before they can be entitled to the immunities granted by treaties and international law.
It only remains to examine the Termination of consular establishments and the consular office to be in a position to understand the true nature of the consul and to give a Definition.
Such is in outline the system of classification of the compendium. The index will make it possible to find the references to any particular question without understanding the logic of the classification.
The translation of the Regulations Adopted by the Institute of International Law has been made for those who do not read French. Every effort has been made to adhere as closely as possible to the original except that here, as elsewhere, the terms Receiving State and Sending State have been employed because of the great convenience of so doing. The term Consular Agent to designate merchant consuls (Consules Electi) is gaining general acceptance. Perhaps Consuls of Career (Consules Missi) might be designated as Despatched Consuls where spoken of in contradistinction to Consular Agents. A further beneficial distinction might be made by designating as Immunities those rights and exemptions which the receiving state grants consuls of the sending state, and Privileges any privileged treatment, favor or exemption which the sending state accords its own consuls.
An effort has been made to exclude all cases and opinions referring to the exercise of exterritorial jurisdiction, because this branch of the consular service of the different countries has been more carefully studied, and also because of its peculiar nature. It may be a question whether consular exterritorial jurisdiction is destined to disappear entirely. The indications at present, however, seem to point to its abolition in all states of any importance.
When referring to the cases contained in this volume it must be borne in mind that any decision may have been reversed in some later case or rendered inapplicable by legislative action.
No distinction between the obiter dicta and the holdings of the courts has been attempted, but a list of citations has been added which will aid in reaching a conclusion as to what was really held, where the case presents any difficulties of interpretation.
I would express my thanks and my great indebtedness to Mr. Herbert Putnam, Librarian of Congress, and to Mr. Middleton G. Beaman, Law Librarian, for the facilities which they have so kindly placed at my disposal.
WASHINGTON, D. C., JULY, 1909.
TABLE OF CONTENTS
Am. St. Rep.
Blatchf. & H.
Car. & P.
De G., M. & G.
H. & M.
LIST OF ABBREVIATIONS
Abbott's Admiralty, United States District Court.
Allen, Massachusetts Supreme Court.
American State Reports.
Maritime Cases, New Series (Aspinall) Admiralty.
Opinions of the Attorneys General.
Barbour, New York Supreme Court.
Bay, South Carolina, Various Courts.
Bee's Admiralty, United States District Courts.
Binney, Pennsylvania Supreme Court.
Blatchford, United States Circuit Court.
Blatchford and Howland's Admiralty, United States District Court.
Burrow, King's Bench 178-182.
California Supreme Court.
Carrington and Payne's Reports.
Crabbe, United States District Court.
Curtis, United States Circuit Court.
Dallas, United States Supreme Court and Circuit Courts,
and Courts of Pennsylvania.
De Grex, McNaughten & Gordon.
Dutcher, New Jersey Supreme Court.
East, King's Bench.
English Reports, Full Reprint.
Georgia Supreme Court.
Gilpin, United States District Court.
Hemmming and Miller.