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219, line 18, for "25," read "24."

269, line 3, for "300," "301," read "266," "267."

334, end, add "(Form No. 99; App. VI)."

336, end, add "(Form No. 36).”

338, end, add "(Form No. 25)."

472, end, add "(See paragraph 547).”

547, end, add "(See paragraph 472).”

563, end, add, "also an annual return of declared exports (Form
No. 20); an annual return of imports at maritime consulate
(Form No. 127); an annual return of exports at maritime con-
sulate (Form No. 128); an annual return of navigation at mari-
time consulate (Form No. 129); and an annual return of trade
with the United States (Form No. 130)."

613, note 1, for "493" read "491."

ORIGIN OF CONSULAR JURISDICTION.

1. 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 com- Origin. merce 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 amongst the commercial states of antiquity commercial magistrates with functions similar to those vested in the Consuls of modern times, though much more extensive.

2. Whether these magistrates received the title of Consul from motives of vanity, as observed by one writer,* or from Name of Consul. 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 times, though the powers of the Consular Officer have been greatly modified.

3. 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

* Brown's Elements of Civil Law.

† Warden's Consular Establishments.
Ibid.

§ Pomeroy's International Law,

765 C R-1

Consular func.

tions.

1

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.*

* Dainese v. Hale, 91 U. S. Rep., p. 13, post, Paragraph 48,

REGULATIONS

FOR THE

CONSULAR SERVICE OF THE UNITED STATES.

4. The regulations adopted for the Consular Service of the United States are as follows:

ARTICLE I.

Classes of Consular Officers: Their Powers and Duties.

5. The Consular Service of the United States consists of Classification. Agents and Consuls-General, Consuls-General, Vice-ConsulsGeneral, Deputy Consuls-General, Consuls, Vice-Consuls, Deputy Consuls, Commercial Agents, Vice-Commercial Agents, Deputy Commercial Agents, Consular Agents, Consular Clerks, Interpreters, Marshals, and Clerks at Consulates.

AGENT AND CONSUL-GENERAL.

sul-General

6. The only officer of this grade is the Agent and Consul- Agent and Con General at Cairo. He enjoys a quasi-diplomatic position, so far as the Porte may consent thereto.

CONSULS-GENERAL.

Sec. 1690, R. S., and Consular act,

7. Consulates-General are established at Apia, Athens, Consuls-General. Bangkok, Belgrade, Berlin, Berne, Bogota, Bucharest, Cairo, and Diplomatic Calcutta, Constantinople, Copenhagen, Frankfort-on-the- Mar. 3, 1887. Main, Guatemala, Guayaquil, Halifax, Havana, Honolulu, Kanagawa, La Paz, Lisbon, London, Matamoros, Melbourne, Mexico, Monrovia, Montreal, Panama, Paris, Port-au-Prince, Rio de Janeiro, Rome, Seoul, Shanghai, Saint Petersburg, Teheran, and Vienna,

tion.

and 1700.

General jurisdic- 8. All Consuls-General are charged with the ordinary R. S., secs. 1699 duties of a Consul within the prescribed limits of their respective districts, and no one is allowed, while he holds office, to be interested in, or to transact, any business as a merchant, factor, or broker, or any other trader, or as a clerk or other agent for any such person, to, from, or within the port, place, or limits of his Consulate-General, directly or indirectly, either in his own name or through the agency of any other person.

Supervision.

Consular corre spondence.

9. Consuls-General are also charged with the supervision of the Consulates and Commercial Agencies respectively subordinate to them as hereinafter provided, so far as it can be exercised by correspondence, and will see that the provisions of law and of these instructions are complied with. It is expected for the good order and convenience of the Department, that they shall take care that the preparation of the Consular correspondence and inclosures is in accordance with the instructions relating thereto. This supervisory jurisdiction, however, does not extend to accounts, Consuls-General being in no sense auditing officers. Accounts and correspondence relative thereto should be sent by the Consular Officers directly to the Department by the quickest mode of conveyance.

10. In Austria-Hungary, Great Britain and Ireland, France, Italy, China, Russia, Turkey, Japan, and Cuba, Consuls and Commercial Agents will transmit their correspondence and reports to the Department of State, under open cover to the respective Consuls-General. Those at Aix la Chapelle, Barmen, Cologne, Crefeld, Düsseldorf, Elberfeld, Kehl, Mannheim, Mayence, Munich, Nuremberg, Sonneberg, and Stuttgart, will transmit their correspondence to the Department, under open cover, to the Consul-General at Frankfort. Those at Annaberg, Bremen, Breslau, Brunswick, Chemnitz, Dresden, Hamburg, Leipsic, Plauen, and Stettin will transmit their correspondence in like manner through the Consul-General at Berlin. The Consuls at Rio Grande do Sul and Santos will transmit their correspondence to the Department, open, through the Consul-General at Rio de Janeiro; and the other Consuls in Brazil will send copies of such of their dispatches as are of special interest or im

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