had, due to her alliance with Turkey, gave rise to what are known as the "capitulations," or the right of exterritoriality. Under these capitulations the French consuls were endowed with diplomatic immunities, while the traders of all other nations were placed under the protection of the French flag. In 1675 English consuls were established in Turkey under the "capitulations" negotiated by France, which exist under that name in Turkey and Turkish territory to the present time.

The earlier consulates had a character very much like those now existing in many Oriental countries, with a local jurisdiction over the nationals of the consular office. With the growth of the idea of national independence and sovereignty, exterritorial jurisdiction in Christian countries, both civil and criminal, became at variance with the principle of national sovereignty, and at the same time the advancement of civilization and of law and order rendered it unnecessary, and the modern system of consular officers without local territorial jurisdiction in foreign countries came into being.

In its changed character the consular office became of a limited nature, consisting of a watchfulness on the part of the consul over the commercial and maritime interests of his state and a limited authority over his fellow countrymen within his assigned territory. Although limited in authority, the subjects dealt with by the consul are growing in number and extent in consequence of the rapid growth of international relations and commerce. While their judicial authority has been restricted, their commercial duties have been made more comprehensive and detailed.

The United States in its early history accepted the consular system as it existed in the civilized nations of the world. Among its first treaties was a consular convention with France, and it has always taken a prominent part in securing for consuls a defined status and recognized function under international law. Washington, as President, appointed fifteen consular officials before the enactment of the law of 1792 upon the

subject. Congress has been less progressive than the executive department, the law of 1856 being the first attempt on the part of the legislative department to provide an act for its proper establishment. Finally, by the passage of the act of April 30, 1905, the consular service was reorganized and placed upon a better basis. This act has been supplemented by the consular regulations of the State Department, which has tended toward greater efficiency and permanence of tenure. The more important of these regulations should be enacted into statute law and the consular service given by law a more permanent and stable nature.

103. Definition of a Consul and His General Functions.A consul, in which term are included all grades of consular officials, is a public functionary and representative agent named by one state to act with the consent of the receiving state within its jurisdiction and domain. He has for his mission the supervision and protection, within certain lines, of the commercial and national interests of his country and countrymen, in accordance with the treaties existing between the two states, the principles of international law, the regulations of his own government, and the usages of his consular jurisdiction.2 The consul has many functions which can hardly be enumerated by law or regulation. These functions, with the rapid growth of intercourse between nations and the general tendency for increased international administration, are adding constantly to the number and complexity of consular duties.

The importance of the position of consul has found expression in a final paragraph of the regulations drawn up by the Institute of International Law upon the subject of consular immunities, at a session held on September 26, 1896, which should be gravely considered by all those concerned with the subject. It reads as follows:

"The institute having adopted the regulations regarding 1 Foster's "Practice of Diplomacy," pp. 216, 217. 2 Stowell, "Le Consul," p. 223.

immunities of consuls, expresses the wish that governments whose functionaries are likely to be in a position to be benefited by them will exercise the greatest care in the choice of such functionaries, that they may be worthy in all respects of the immunities specified."1

Notwithstanding that, by act of Congress, a consul cannot exercise diplomatic functions without special authority from the President of the United States, the circumstances surrounding a consul-general in large and distant colonial countries like British India, the Dominion of Canada, the Commonwealth of Australia, and the South African Union are such that his position with regard to the local authorities becomes of a quasidiplomatic and political nature. This is also not only true with respect to British colonies just cited but is also applicable to French and other colonies, like Algeria, Madagascar, and the German colonies in Africa and the southern Pacific. merly, when Cuba was a colony of Spain, the consul-general corresponded directly with the United States Department of State. Besides this there are more or less intangible political and diplomatic duties which pertain to the official agent of the United States on the spot.

For

In fact, it is stated in the consular regulations of the United States that, in the absence of a diplomatic representative, there may be circumstances which, apart from usage, make it proper for him to address the local government upon subjects which relate to the duties and rights of his office and which are usually dealt with through a legation or embassy. Under such circumstances he has an undoubted right of access to the authorities of the state in all matters appertaining to his office.

Consuls can and have been made chargés d'affaires by executive authority as just stated and hence invested with direct diplomatic functions, but these duties are exercised at the capital of the state, and such functions do not change the legal status of the consuls.

1 "Annuaire," etc., 1896.

In the absence of both a diplomatic and consular officer of the United States in foreign waters or on the high seas, the commander-in-chief or the senior naval officer present "has authority by law to exercise the powers of a consul so far as seamen of the merchant service of the United States are concerned." He is also directed, in such absence, by the regulations of the navy "to communicate or remonstrate with foreign civil authorities as may become necessary and urge upon the American citizens in the locality the necessity of abstaining from participation in political controversies or from the violation of the laws of neutrality."

The naval commander-in-chief is directed by the naval regulations to preserve the most cordial relations, so far as possible, with the diplomatic and consular representatives of the United States in foreign countries and extend to them the honors, salutes, and other official courtesies to which they are entitled. He, furthermore, shall carefully and duly consider any request for service or other communication from any such representative.

Although due weight should be given to the opinions and advice of such representatives, a commanding officer is solely and entirely responsible to his own immediate superior for all official acts in the administration of the command.

As a general rule, when in foreign ports he communicates with local civil officials and foreign diplomatic and consular authorities through the diplomatic and consular representative of the United States on the spot.

Furthermore, on occasions where injury to the United States or to citizens thereof is committed or threatened, in violation of the principles of international law or treaty rights, the commander-in-chief shall consult with the diplomatic representative or consul of the United States and take such steps as the gravity of the case demands, reporting immediately to the secretary of the navy all the facts. The responsibility for 1 Sec. 1433, Revised Statutes of the United States.

any action taken by a naval force, however, rests wholly upon the commanding officer thereof.1

It may be said that no state can be supposed to tolerate the interference by a consul in the political affairs of the country of his residence. So far as the United States is concerned, it is considered a sufficient ground for his recall.

104. Classification and Precedence of Consuls.—In a general way consular officers can be divided into two classes.

The first class consists of those who are public officials of the sending country and hence are purely professional. These consular officers are not permitted by their country to engage in any other business or profession. Though not required by law to be citizens of the United States, they are almost invariably citizens and, of preference, native citizens.

The second class is composed of those who are engaged in a business or profession, their consular functions being of a secondary nature.

The latter class are not necessarily of the nationality of the sending state and are of inferior status and do not from their position enjoy full consular privileges and immunities.

With respect to rank consuls are generally of four gradesconsuls-general, consuls, vice-consuls, and consular agents.

The consular service of the United States consists of consulsgeneral, consuls, vice-consuls-general, deputy-consuls-general, vice-consuls, deputy-consuls and consular agents, consular assistants and interpreters.

The American consular representative at Cairo, Egypt, has by law the title of diplomatic agent and consul-general. In other cases, when diplomatic functions have been assigned to the office, there is no authority for the consular officer to assume the title of diplomatic agent.

Consuls-general at large are inspectors of consulates; those not so defined are designated for specific jurisdiction and either exercise supervision or control over several consular districts or are placed over one large consular district.

1 "U. S. Navy Regulations of 1913," Arts. 1642, 1643, 1644, 1646.