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EXPLANATION OF ABBREVIATIONS.

Ben

Benedict's United States District Court Reports. Blatch

Blatchford's United States Circuit Court Reports. Blatch. & H.

Blatchford & Howland's United States District Court

Reports. Bowler's 1st Comp. Dec... Decisions of the First Comptroller of the Treasury

(1893-94). Cal

California Reports. Cliff

Clifford's United States Circuit Court Reports. C. Cls. R

United States Court of Claims Reports. Comp. Dec.

Decisions of the Comptroller of the Treasury, Cranch

Cranch's United States Supreme Court Reports. Curtis.

Curtis's United States Circuit Court Reports. Curtis on Seamen

Curtis's Rights and Duties of Merchant Seamen. Cust. Reg.

Customs Regulations of the United States, edition of 1892. Dana's Wheaton.

Wheaton's International Law, Dana's edition. Fed. Rep.

United States Federal Reporter. Halleck

Halleck's International Law. How

Howard's United States Supreme Court Reports. Low

Lowell's United States District Court Reports. Mason

Mason's United States Circuit Court Reports. Nev

Nevada (Territory) Reports. Olcott.

Olcott's United States District Court Reports. Op Att. Gen.

Opinions of the Attorney-General of the United States. Pac. Rep.

Pacific Reporter. Peters C. C

Peters's United States Circuit Court Reports. Pick

Pickering's Reports (Massachusetts). R. S.

Revised Statutes of the United States (1878). S

Synopsis of Treasury Decisions. Saw

Sawyer's United States District and Circuit Court Re

ports. Sprague

Sprague's United States Admiralty and Maritime Deci.

sions. Stat. L.

United States Statutes at Large. Sumn.

Sumner's United States Circuit Court Reports. Swabey

Swabey's Admiralty Reports. Taney's Dec.

Taney's United States Circuit Court Decisions. U.S..

United States Supreme Court Reports. U. S. Const.

Constitution of the United States. Wall.

Wallace's United States Supreme Court Reports. Ware

Ware's United States District Court Reports. Wash. C. C

Washington's United States Circuit Court Reports. Whart. Int. L. Dig

Wharton's International Law Digest. Wheat Wheaton's United States Supreme Court Reports.

INTRODUCTION.

ORIGIN OF CONSULAR JURISDICTION.

Early in the history of commerce it became necessary for commercial states to establish a jurisdiction over seamen, vessels, and merchandise. And as the operations of commerce in foreign ports might involve national interests, as well as the individual interests of merchants and seamen, it became equally necessary that this jurisdiction should be exercised by a national agent. Hence we find among the commercial states of antiquity commercial magistrates with functions similar to those vested in the consuls of modern times, though much more extensive.

Whether these magistrates received the title of consul from motives of vanity, as observed by one writer, or from the importance of their office and the sovereign authority by which it was bestowed, as asserted by another, it is nevertheless true that when it ceased to distinguish the executive magistrate of Rome it came to be used by the commercial states of former times to designate the officers who resided at foreign ports to protect their citizens and their commercial interests. And the name has been continued in modern

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times, though the powers of the consular officer have been greatly modified.

During the Middle Ages consuls were quasi public ministers, who watched over the interests of their countrymen, deciding their disputes, protecting their commerce, and exercising large judicial and commercial powers, independent of the local law. But when public ministers, in name and in fact, came to be established, consuls (except in oriental countries, where their powers are dependent upon treaty, as we shall hereafter see) were shorn of much of their dignity and privileges. They are now, for the most part, commercial agents, and have no representative character. Both in civil and criminal cases they are subject to the laws of the countries in which they reside equally with all other persons. If exceptional privileges are claimed, it must be by virtue of treaty stipulations, local customs, or local law. Any judicial powers which may be vested in the consuls accredited to any particular country must be ascertained by an examination of the treaty stipulations with such country and the laws of the state from which the consuls derive their appointment.?

Pomeroy's International Law.
2 Dainese 1. Hale, 91 U. S. Rep., 13.

REGULATIONS FOR THE CONSULAR SERVICE

OF THE

UNITED STATES.

ARTICLE I.

THE CONSULAR SERVICE.

1. Classification.—The consular service of the United States consists of consuls-general, vice-consuls-general, deputy consuls-general, consuls, vice-consuls, deputy consuls, commercial agents, vice-commercial agents, consular agents, consular clerks, interpreters, marshals, and clerks at consulates.

2. Consular officers.—The term “consular officer” includes consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents, and none others.—R. S., sec. 1674.

3. Principal consular officers.—Consuls-general, consuls, and commercial agents are full, principal, and permanent consular officers, as distinguished from subordinates and substitutes.R. S., sec. 1674. Vice-consuls or vice-commercial agents, when in charge, are acting consuls or commercial agents for the time being, and are principal consular officers.33 Fed. Rep. 167.

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