plain against all oppressive regulations, arbitrary proceedings, or imprisonment, or infraction of treaties in relation to the commerce of his country (1). And the British consul residing on the coast of Barbary has been usually charged with the execution of treaties (2); and we have seen that in those states also such consul usually has judicial power to determine disputes between British subjects and the natives of those states. (3)

1

Lastly, with respect to religion, we have seen that in most treaties there are express stipulations enabling British subjects to exercise it freely in the foreign state (4). Independently of express regulation, it is the duty of the consuls to take care to give no offence themselves, nor suffer any insult or indecency to be offered by British subjects to the established religion of the country; neither are they to make a public profession of their own, nor to hold assemblies for Protestant worship in Roman Catholic countries, unless expressly stipulated by treaty, or permitted. But, on the other hand, being always allowed the free exercise thereof personally in their own houses, they are not to be molested therein, nor are they to be prevented attending or assembling at the houses of their consuls for such purpose; and the consuls are to take care that no Protestant be forced to comply with any of the rites and ceremonies of the religion of the country such as compelling parents to send their children to be baptized by their priests, or to be educated in the Romish faith. Neither are they to suffer the seizure of any bibles, common-prayers, or other religious books, in the houses of British subjects, though such books are strictly prohibited by the laws of the country to other inhabitants. Cases of this kind sometimes happen; and when a book has been taken out of a house by a priest or friar, it should be claimed as the property of the owner, and the offender should be proceeded against at common law, not by memorial, the common law of every country affording relief in such instances. (5)

In time of war, the office of a British consul is much more difficult than in time of peace; especially on account of the care he must observe to prevent any violation of the neutrality of the

(1) Warden on Consuls, 248. (2) Id. 249.

(3) Ante, 50. Warden, 252. 260, 1.

(4) Ante, 42. (5) Beawes, vol. 2. p. 424. Warden on Consuls, 248.

port in which he resides, by the masters of British merchant ships; and it is his duty to inform the owners or underwriters of a ship, if required, whether the master has or has not made void the policy of insurance, by violating the freedom of navigation or the neutrality of ports. (1)

It is the duty of a British consul constantly to reside at the appointed place, and he cannot return home, even for a short space of time, without applying for leave of absence to the secretary of state (2). If he have obtained leave, he is to appoint a deputy or deputies to take care of the commercial affairs of his nation during his absence. These are no more than temporary deputies, and are generally merchants of the place. But if the consul, holding some other appointment from the crown, is absent for a considerable length of time,-or, being infirm, obtains leave to remain in his native country,-the deputy appointed to reside constantly for him may be appointed by him; but he must be presented to the secretary of state, and being approved by him as the sufficient deputy under the commission, he becomes an officer of the crown, takes the title of vice-consul, and carries on a correspondence with the public offices in every respect the same as the consul; and though his commission is signed by the consul, being a copy of his own, with the requisite alterations (3), he has no power to remove the vice-consul so appointed without the approbation of the secretary of state. If there are subordinate deputyships within the jurisdiction of the consulship, it is the vice-consul in this case who is to appoint persons to act in those stations, not the consul, who has given up the entire authority he held under the king's commission; as already observed, sometimes, though improperly, such deputies are natives of the country in which they are to act (4). France there is an express regulation as to the proceedings upon

(1) Beawes, vol. 2. p. 424. (2) Beawes, vol. 2. p. 418, 19. Warden, 243. Pardessus, tom. 4. 142. By an imperial decree of March 16, 1813, M. Theremin, French consul at Leipsic, was deposed" for having abandoned his post without necessity, at a moment when his presence was most necessary to the army; and for not having manifested that cou

In

rage and zeal which we have a right to expect from a public functionary." Warden, 209.

(3) See form of appointment of a vice-consul, post, vol. 3.

(4) Beawes, vol. 2. p. 418, 19. Warden, 243. As to the regulations in France respecting the absence of the consul, see Pardessus, tom. 4. 143.

the death of a consul, and which provides for the care of his official papers and a due communication of the event to the government.

The authority and jurisdistion of a consul only extends to persons who are the natural-born subjects of the prince from whom the consul received his commission (1). And it was held in the council of prizes in 1810, that a consul acknowledged by the French government cannot interfere in particular contests between French merchants and those of his own nation, but that decision has been ably disputed (2). And an exception is allowed in case of any foreign seamen serving on board ships of the nation which the consul represents; such seamen, of whatever nation, impliedly engaging to submit to all regulations essential for the welfare of the ship, and consequently the consul has jurisdiction over them (3). In Portugal the English consul general, or his deputy consuls or consul there, have by statutes (4) an express power of his own accord, and may also by five merchants be required, to call a meeting of the British merchants and factors, for the purpose of levying sums on trading ships for the relief of shipwrecked mariners and charitable purposes mentioned in the act; and all matters at such meetings are to be decided by the majority and the same statutes, with a view to compel due contribution to such benevolent purposes, direct that all British or Irish captains, within ten days after their arrival at any ports in Portugal, shall deliver upon oath to the consul or deputy consul, a manifest of the cargo, and communicate the name of the consignee; and that he shall not receive his clearance outward from the consul until the duties have been paid which are destined for such charitable purposes (5). Such duties at Lisbon are received by the British consul general, according to the weight or tonnage, which is valued by two British merchants in the place, one chosen by the consul general, the other by the master of the ship, within ten days after the goods are unladen; and in case of disagreement a third person is chosen after the expiration of five days, who is obliged to decide the valuation in the course of three days (6). These statutes contain other regulations which might with propriety be extended to other countries than Portugal.

(1) 2 Beawes, 415, 16. (2) Warden, 116, 117. (3) Pardessus, tom. 4. 163. (4) 8 Geo. 1. c. 17. s. 6. 9 Geo. 2. c. 25. s. 5. 10 Geo. 2. c. 14. s. 5.

See the statutes, post. Appendix.

(5) See opinions on the necessity for such regulations, 2 Chalmer's Col, Op. 294-297.

(6) Id. Ibid. Warden, 245.

It is said, that by all governments a power is recognized to exist in consuls to register the births, marriages, and deaths of persons of their nation who reside in the country where they exercise their functions; and the French law in particular adopts this and other regulations conducive to that end (1). The succession or effects of Englishmen dying intestate within the consul's jurisdiction, are generally entrusted to his care (2). And in a treaty with Spain in 1667, it was expressly stipulated that the goods and estates of Englishmen dying without will in that kingdom should be put into inventory with their papers, writings, and books of account, by the consul or other public minister of the king of Great Britain, and placed in the hands of two or three merchants named by such consul or public minister, to be kept for the proprietors; and that neither the Cruzada nor any other judicatory whatever should intermeddle therein: which also in the like case was to be observed in England towards the subjects of the king of Spain (3). There was a similar clause in the treaty of commerce in 1675, between Charles the Second and the Sultan of the Turks. (4)

salary of a

The sovereign who receives a consul into his state, thereby im- of the privileges, pliedly engages to afford him all the liberty and protection essen- protection, and tial for his conveniently fulfilling the functions which he has con- consul. sented he shall exercise: but it seems to be acknowledged in all nations, and by all writers, that it cannot be considered that a consul represents his nation like an ambassador, who is a minister sent by one sovereign to another. The mission of a consul is too limited to attribute that character to him, or to procure him that inviolability and absolute independence which public ministers enjoy (5). A consul, however, is distinguished from the merchants or inhabitants of the place where he resides by various privileges, derived from treaties or founded on usage. He is respected in a particular manner: on his arrival he is allowed a free entry for his furniture and baggage: he is exempt from the excise or inland duties on liquors and other articles of consumption for himself and family: he is entitled to a seat on the bench with the magistrates of the place, when obliged to appear at their assemblies, to act as counsel for the subjects of his nation, in all cases of dispute between them and the natives of the place:

(1) Pardessus, tom. 4. 175, 6. Ante. 61.

(2) Warden, 241. 244. Pardessus, tom. 4. 176. Ante, 61.

(3) Warden, 252.
(4) Id. 269.

(5) Pardessus, tom. 4. 148, 9.

he is exempt from lodging the military in his house: he is to be furnished with a guard, when required, to aid and assist him in the maintenance of his authority over the subjects of his own country trading to the port (1); but this power does not extend to those who are constantly resident in the place, and who, in all cases, civil or criminal, are subject to the jurisdiction of the place: he is entitled to the privilege of receiving a polite message from the magistrates, requesting his attendance, when necessary at their assemblies, instead of a formal summons or citation; and which, if he means to support the dignity of his sovereign, it is said he must never obey (2): masters of vessels are to shew him respect and obedience; and he is charged by his government with the distribution of presents (3). And there are also some trifling personal advantages, with respect to which Beawes observes, that as they do not affect the consul in his office, it is better to leave to his good sense to discover and use them with discretion, than to enumerate them as precedents, lest they should be too eagerly contended for, to the detriment of the commercial interests of his country (4). If a consul be grossly insulted or maltreated, and cannot obtain redress in the country in which he resides, the sovereign has a right to complain of such violation, and there are many instances of such an interference. (5)

But the consul is not such a public minister as in that character to be under the especial protection of the law of nations; and he is in all cases, whether civil or criminal, subject to the jurisdiction of the country in which he resides as consul (6). Vattel, indeed, says, that though the consul is no public mininister, and cannot pretend to the privileges annexed to such character; yet as he bears his sovereign's commission, and in that quality is received by the prince in whose dominions he resides, he is in a certain degree entitled to the protection of the law of nations; and that the sovereign, by the very act of receiving him, tacitly engages to allow him all the liberty and safety necessary to the proper discharge of his functions, without which the admission of the consul would be nugatory and de

(1) Beawes, vol. 2. p. 419. Warden, 249. Pardessus, tom. 4. 161, 2. 185.

(2) Beawes, vol. 2. p. 419. Warden, 249.

(3) Warden, 249.

(4) Beawes, vol. 2. p. 419. (5) See Beawes, vol. 2. p. 420. Wicquefort, 40, 41. Observations in Viveash v. Becker, 3 M. & S. 297, 8. Vattel, b. 2. c. 2. s. 34. (6) Beawes, vol. 2. p. 419.