sular representatives, and other states decline to accredit foreigners. It is the policy of the United States not to appoint foreigners or naturalized citizens to consular offices.

The grades of consular officers vary in different states. In the United States there are consuls general at large, consuls general, consuls, vice and deputy consuls general, vice and deputy consuls, commercial agents, vice commercial agents, consular agents, consular clerks, interpreters, marshals, and clerks.10 The vice consular officers are "substitute consular officers," and the deputy consular officers are "subordinate consular officers." 11

The commission or patent of the consuls general and consuls are usually from the head of the state, 12 while the vice consuls and consular agents are commissioned by the minister of foreign affairs in most states. China, however, empowers her foreign minister in a state to commission consular officers.

The exequatur by which a consular officer is authorized by the foreign state to perform his functions may or may not be formal, but in the United States is usually formal.13 Some

• Office created by Act April 5, 1906 (U. S. Comp. St. Supp. 1909, p 406).

10 Consular Regulations, 1896, 1.

11 Rev. St. § 1674 (U. S. Comp. St. 1901, p. 1149).

12 Commercial agents, a grade peculiar to the United States, receive commission from the President. Rev. St. § 1674 (U. S. Comp. St. 1901, p. 1149). This grade is not usually recognized in treaties.

13 Form of "Full Presidential Exequatur":

46

....

President of the United States of America.

"To All to Whom It may Concern:

"Satisfactory evidence having been exhibited to me that

.......

has been appointed ... .., I do hereby recognize him as such, and declare him free to exercise and enjoy such functions, powers, and privileges as are allowed to

[Seal of

the United

States.]

.......

"In testimony whereof, I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed.

"Given under my hand at the city of Washington the ..... day of . . . . . ., A. D. 19. ., and of the Independence of the United States of America the

"By the President,

......

64

"Secretary of State."

times it may take the form of an official notification of his recognition as consul, or an indorsement upon the consul's commission. Consuls general, on entering upon their office, notify the foreign office and the diplomatic representative, and consuls notify the foreign office and consul general.

By an executive order of June 27, 1906, the consular service of the United States was placed under the civil service act of 1883. New appointments were to be made from among candidates who had passed a satisfactory examination. "The scope and method of the examinations shall be determined by the board of examiners, but among the subjects shall be included at least one modern language other than English; the natural, industrial and commercial resources and the commerce of the United States, especially with reference to the possibilities of increasing and extending the trade of the United States with foreign countries; political economy; elements of international, commercial and maritime law." The age limit is between twenty-one and fifty.

"In designations for appointment subject to examination, and in appointments after examination, due regard will be had to the rule that, as between candidates of equal merit, appointments should be so made as to secure proportional representation of all the states and territories in the consular service; and neither in the designation for examination or certification or appointment will the political affiliations of the candidate be considered."

TERMINATION OF CONSULAR OFFICE.

67. The service of a consul may be terminated: (a) By recall.

(b) By expiration of period of appointment. (c) By death.

(d) By withdrawal of exequatur.

(a) Recall of a consular officer is a matter wholly within the jurisdiction of the sending state. The receiving state is not particularly concerned, as the service which he renders is particularly as to business affairs, rather than relating to matters of state.

(b) Certain states appoint consular officers for specific periods, at the expiration of which they are promoted, discharged, or otherwise changed in place.

(c) The death of a consular officer places the office in the hands of a subordinate, or, in absence of such officer, consuls of friendly states take custody.

(d) The withdrawal or revocation of the exequatur terminates the service of the consular officer, and is an act of which the state which granted it is the sole judge. It may, without offense to the sending state, be for any cause which the state issuing the exequatur may think sufficient.1 Usually a case is not so urgent that it is necessary to do more than suggest that the consul be recalled. Strained relations do not necessarily affect the exercise of consular functions.

IMMUNITIES AND PRIVILEGES OF CONSULAR OFFICERS.

68. Consular officers, who are citizens or subjects of the state appointing them, are usually accorded such immunities and privileges as are necessary for the convenient performance of their functions. These immunities and privileges usually are:

(a) Inviolability of office and archives.

(b) Immunity from military service or burdens.

(c) Exemption from arrest except on criminal charge.

(d) Exemption from taxation if solely engaged in consular business.

(e) Exemption from witness duty, though testimony may be taken at the consulate, or the consul may be instructed to appear by his home government.

14 Treaty between the United States and Spain, July 3, 1902: "Article XIV. Consular officers shall receive, after presenting their commissions, and according to the formalities established in the respective countries, the exequator required for the exercise of their functions, which shall be furnished to them free of cost; and on presentation of this document, they shall be admitted to the enjoyment of the rights, privileges and immunities granted to them by this treaty.

"The government granting the exequatur shall be at liberty to withdraw the same on stating the reasons for which it has thought proper so to do. Notice shall be given, on producing the commission, of the extent of the district allotted to the consular officer, and subsequently of the changes that may be made in this district."

(f) Privilege of placing the arms of their state above the outer door, and of flying the national flag above the consulate, or above a vessel when engaged in discharge of official port duties.

(g) In some of the Eastern states special privileges similar to those accorded to diplomatic representatives. ¡

Any one accredited as consul, whether or not a citizen of the receiving state, when once given an exequatur, would be entitled to inviolabilty of office and archives, and to such other immunity as attaches to the office, as the privilege of use of the arms above the door. If the consul is a citizen of, or a domiciled alien in, the receiving state, his immunities and privileges are usually strictly limited. If an alien engages in other business while holding a consular office, he is liable to the local laws to the extent which his business brings him under their provisions. So long as he is allowed an exequatur, he is entitled to perform his consular functions; but he does not have special privileges for other purposes.

In time of war the consular flag specially protects the consulate. In some states the consulate has at times been used as an asylum for political and other refugees. The United States has discountenanced the use of the residences of its diplomatic representatives for such purpose, and the use of a consulate for such purpose would be still more open to objection.

15

The immunities of consular officers are quite fully set forth in the Treaty between the United States and Spain of July 3, 1902:

"Article XV. All consular officers, citizens or subjects of the country which has appointed them, shall be exempted from military billetings and contributions, and shall enjoy personal immunity from arrest or imprisonment except for acts constituting crimes or misdemeanors by the laws of the country to which they are commissioned. They shall also be exempt from all national, state, provincial and municipal taxes except on real estate situated in, or capital invested in, the country to which they are commissioned. If, however, they are engaged in professional business, trade, manufacture or commerce, they shall not enjoy such exemption from taxes, but shall be subject

15 Foreign Relations U. S., 1899, p. 256.

to the same taxes as are paid under similar circumstances by foreigners of the most favored nation, and shall not be entitled to plead their consular privilege to avoid professional or commercial liabilities.

"Article XVI. If the testimony of a consular officer, who is a citizen or subject of the state by which he was appointed, and who is not engaged in business, is needed before the courts of either country, he shall be invited in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally at his dwelling or office.

"To obtain the testimony of such consular officer before the courts of the country where he may exercise his functions, the interested party in civil cases, or the accused in criminal cases, shall apply to the competent judge, who shall invite the consular officer in the manner prescribed above, to give his testimony.

"It shall be the duty of said consular officer to comply with this request, without any delay which can be avoided. Nothing in the foregoing part of this article, however, shall be construed to conflict with the provisions of the sixth article of the amendments to the Constitution of the United States, or with like provisions in the Constitutions of the several states, whereby the right is secured to persons charged with crimes, to obtain witnesses in their favor, and to be confronted with the witnesses against them.

"Article XVII. Consuls general, consuls, vice consuls, and consular agents may place over the outer door of their office the arms of their nation with this inscription 'Consulate,' 'Vice Consulate,' or 'Consular Agency of the United States,' or 'Spain.'

"They may also hoist the flag of their country over the house in which the consular office is, provided they do not reside in the capital in which the legation of their country is established, and also upon any vessel employed by them in port in the discharge of their official duties.

"The consular offices and archives shall be at all times inviolable. The local authorities shall not be allowed to enter such offices under any pretext, nor shall they in any case examine or take possession of the official papers therein deposited. These offices, however, shall never serve as place of asylum.