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FROM THE

DECISIONS OF THE ENGLISH AND AMERICAN COURTS

AND THE

OPINIONS OF THE ATTORNEYS GENERAL

BY

ELLERY C. STOWELL

Docteur en droit (Paris)

Graduate of the Ecole Libre des Sciences Politiques

Secretary of the College of the Political Sciences, Washington, D.C.

JOHN BYRNE & CO.

1322 F ST., N.W.
WASHINGTON, D. C.

257208

COPYRIGHT, 1909

BY ELLERY C. STOWELL

JX1706
•A658

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PREFACE

This book aims to furnish a convenient collection of the British and American cases and opinions relating to consuls. A few important cases have been given in full. In general, however, only the opinion or an extract relating to consuls is given. In certain instances where the case appeared of little importance or was of great length, a brief summary enclosed in parenthesis has been made. All extracts are clearly indicated.

The Opinions of the Attorneys General relating to consular affairs have been added because of their judicial nature and the convenience of having them in one volume. Few students and lawyers have access to the twenty odd volumes which contain the opinions published since the office was established. Another reason for including these opinions or decisions of the head of the Department of Justice was to reproduce the very remarkable opinions of Caleb Cushing. He understood the real nature of the consular office and fifty years of study and experience have made it possible to add but little to what he wrote. If this collection can make his opinions and conceptions of the consular office more widely known and appreciated, it will be justification enough for the publication.

The indexes to the Revised Statutes and Statutes at Large are taken from the Index Analysis of the Federal Statutes of Scott and Beaman and the Consolidated Index of Federal Statutes, so as to gather in a small compass what those ponderous volumes contain about consuls. The Consolidated Index has not been distributed and only a few copies are in existence.

Those who wish to make a study of any section of the statutes are referred to The Federal Statutes Annotated and to the tables of repeals and amendments contained in Scott and Beaman's Index.

In the compendium at the end an attempt has been made to give extracts and references in such a manner as to make the important points in the cases and opinions stand out. To this end the classification, already explained in Le Consul* has, with some slight modifications, been followed.

Consular Functions as the foundation and object of the consular office and the reason for its existence come first. The Consul's Func

*Le Consul (Pedone), Paris, 1909.

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