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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.1 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.?

1 Pomeroy's International Law.

? Dainese v. 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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4. Other definitions.-The term "consul," whenever the sense so requires, denotes any principal consular officer, or, if necessary, any consular officer. (Paragraph 14.) "Vice-consular officers," or "substitute consular officers," includes viceconsuls-general, vice-consuls, and vice-commercial agents. "Subordinate consular officers" includes deputy consuls-general, deputy consuls, and consular agents.-R. S., sec. 1674.

CONSULS-GENERAL.

5. Consulates-general.—Consulates-general are established at Apia, Athens, Bangkok, Barcelona, Belgrade, Berlin, Bogotá, Bucharest, Cairo, Calcutta, Cape Town, Constantinople, Dresden, Frankfort on the Main, Guatemala, Guayaquil, Habana, Halifax, Honolulu, Kanagawa, London, Melbourne, Mexico city, Monrovia, Montreal, Nuevo Laredo, Ottawa, Panama, Paris, Port au Prince, Rio de Janeiro, Rome, St. Gall, St. Petersburg, Santo Domingo, Seoul, Shanghai, Singapore, Tangier, Teheran, and Vienna.-R. S., sec. 1690, 29 Stat. L., 32.

6. Consular jurisdiction.-All consuls-general are charged with the ordinary duties of consul within the prescribed limits of their respective districts.

7. Supervisory powers.-Consuls-general, except as stated in the following paragraph, 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. They will see that the provisions of law and of these regulations are complied with, and that the preparation of the consular correspondence and inclosures is in accordance with the regulations relating thereto. This supervisory jurisdiction, however, does not extend to accounts, consuls-general being in no sense auditing officers.

8. No supervisory powers.-The consuls-general at Calcutta, Dresden, and Mexico are not charged with any supervisory

powers and have no consulates or commercial agencies subordinate to them.

9. Jurisdictional limits.-The supervisory jurisdiction of other consuls-general extends over all of the consulates and commercial agencies, if any, in the country (but not including distant colonies), or in the colony where such consulates-general, respectively, are located, except as otherwise herein provided.

10. Germany. The consul-general at Berlin has supervisory jurisdiction over the consulates and commercial agencies at Annaberg, Bremen, Breslau, Brunswick, Chemnitz, Glauchau, Hamburg, Hanover, Leipsic, Magdeburg, Plauen, and Stettin. The consul-general at Frankfort over those at Aix la Chapelle, Bamberg, Barmen, Cologne, Crefeld, Düsseldorf, Freiburg, Fürth, Kehl, Mannheim, Mayence, Munich, Nuremberg, Sonneberg, Stuttgart, and Weimar.

11. Canada and Australasian colonies. In the Dominion of Canada the consul-general at Ottawa has supervisory jurisdiction over the consulates in the Province of Ontario; the consul-general at Montreal over the consulates in the Province of Quebec; and the consul-general at Halifax over the consulates in the provinces of Nova Scotia, New Brunswick, and Prince Edward Island. The consulates in British Columbia, Manitoba, and Newfoundland are excepted from the jurisdiction of any consul-general. The consul-general at Melbourne has supervisory jurisdiction over the consulates in Australia, Tasmania, and New Zealand.

12. Nuevo Laredo and Panama.-The consul-general at Nuevo Laredo has supervisory jurisdiction over the consulates at Chihuahua, Durango, Matamoras, Nogales, Paso del Norte, Saltillo, Tampico, and Piedras Negras. The consul-general at Panama has supervisory power over the consulate at Colon. 13. Inspections. Upon application to the Department of State, and if it shall be deemed proper, authority will be given

to the consuis-general at Berlin, Frankfort, London, Paris, Vienna, and St. Petersburg to visit the several consulates Rome, and commercial agencies in their respective jurisdictions for the purposes of inspection and report. These visits will, however, not be authorized to be made more frequently than once a year, and only upon the permission of the Department previously obtained. A like permission may also be granted to other consuls-general if circumstances shall at any time seem to require it. The actual and necessary traveling expenses incurred in these visitations will be paid.

CONSULS.

14. Two meanings.-The word "consul" is ordinarily used, in a specific sense, to denote a particular grade in the consular service; but it is sometimes used also, in a generic sense, to embrace all consular officers.-15 C. Cls. R., 74.

COMMERCIAL AGENTS.

15. By the laws of the United States.-Commercial agents are by the laws of the United States full, principal, and permanent consular officers.-R. S., sec. 1674. As respects their powers and duties in the consular service of this Government, no distinction is made by statute between them and a consul. They differ from the latter only in rank or grade. They derive their functions from the same statutes as consuls-general and consuls, and are entitled to enjoy all the powers, immunities, and privileges that under public law or otherwise are accorded to the consular office. The title of the office as representing a distinct grade in the consular service is peculiar to the service of the United States, and usage has established the appointment directly by the President. It is usual to ask formal recognition and an exequatur for a commercial agent from the government to which he is accredited, as in the case of other principal officers.

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