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"12. Les Consuls, Vice-Consuls, et agens consulaires respectifs seront exclusivement chargés de la police interne des navires de commerce de leur nation, et les autorités locales ne pourront y intervenir qu'autant que les désordes survenus seraient de nature à troubler la tranquillité publique, soit à terre, soit à bord d'autres bâtimens.

"13. Les Consuls, Vice-Consuls, et agens consulaires respectifs pourront faire arrêter et renvoyer, soit à bord, soit dans leurs pays, les matelots qui auraient déserté des bâtimens de guerre ou de commerce appartenant à leur nation. A cet effet ils s'adresseront par écrit aux autorités locales compétentes, et justifieront, par l'exhibition des registres du bâtiment ou du rôle d'équipage, ou, si ledit navire était parti, par copie desdites pièces, dûment certifiées par eux, que les hommes qu'ils réclament faisaient partie dudit équipage. Sur cette demande, ainsi justifiée, la remise ne pourra leur être refusée. Il leur sera de plus donné toute aide et assistance pour la recherche, saisie et arrestation desdits déserteurs, qui seront même détenus et gardés dans les prisons du pays, à la requête et aux frais des Consuls, jusqu'à ce que ces agens aient trouvé une occasion de les faire partir. Si pourtant cette occasion ne se présentait pas dans un délai de quatre mois, à compter du jour de l'arrestation, les déserteurs seraient mis en liberté, et ne pourraient plus être arrêtés pour la même cause."

CHAPTER III.

CONSULS-DUTIES AND POWERS OF.

CCLVII. It will not be inconsistent with the scheme of this work to call attention to some of the principal domestic regulations of particular States upon the duties and powers of Consuls. The law of the United States of America upon a subject in which they have so deep and legitimate an interest is thus stated by Mr. Chancellor Kent:

"The Laws of the United States, on the subject of Con"suls and Vice-Consuls, specially authorise them to receive "the protests of masters and others relating to American "commerce, and they declare that Consular Certificates, "under seal shall receive faith and credit in the Courts of the "United States. It is likewise made their duty, where the "laws of the country permit, to administer on the personal "estates of American citizens dying within their consulates, " and leaving no legal representative, and to take charge of "and secure the effects of stranded American vessels, in the "absence of the master, owner, or consignee; and they are "bound to provide for destitute seamen within their con"sulates, and to send them, at the public expense, to the "United States. It is made the duty of American Consuls "and Commercial Agents to reclaim deserters, and discoun"tenance insubordination, and to lend their aid to the local "authorities for that purpose, and to discharge seamen "cruelly treated. It is also made the duty of masters of "American vessels, on arrival at a foreign port, to deposit "their registers, sea-letters, and passports with the Consul, "Vice-Consul, or Commercial Agent, if any, at the port; though this injunction only applies when the vessel shall "have come to an entry, or transacted business at the port. "These particular powers and duties are similar to those

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prescribed to British Consuls, and to Consuls under the "consular convention between the United States and "France, in 1788; and they are in accordance with the "usages of nations, and are not to be construed to the exclu"sion of others resulting from the nature of the consular "appointment. The consular convention between France "and this country, in 1778, allowed Consuls to exercise "police over all vessels of their respective nation,' 'within "the interior of the vessels,' and to exercise a species of "civil jurisdiction, by determining disputes concerning wages, and between the masters and crews of vessels "belonging to their own country. The jurisdiction claimed "under the consular convention with France was merely voluntary, and altogether exclusive of any coercive autho"rity; and we have no treaty at present which concedes 66 even such consular functions. The doctrine of our courts "is, that a foreign Consul, duly recognised by our Govern"ment, may assert and defend, as a competent party, the rights of property of the individuals of his nation, in the "courts of the United States, and may institute suits for that "purpose, without any special authority from the party for "whose benefit he acts. But the Court, in that case, said "that they could not go so far as to recognise a right in a "Vice-Consul to receive actual restitution of the property, or "its proceeds, without showing some specific power for the 66 purpose from the party in interest" (a).

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CCLVIII. In the last edition of this work reference was made to certain general instructions issued in 1846 by the Secretary of State for the Foreign Department for the regulation of the British Consular Service. These instructions have from time to time been revised, and are now superseded by others issued on January 1, 1879. From these latter the Author has been permitted to make extracts. The following seem of importance and to come within the scope of this work.

(a) Kent's Commentaries, vol. i. pp. 42, 43.

Introduction.

"The principal object of the appointment of British "Consular Officers in foreign countries is the protection "and the promotion of the commercial interests of her Majesty's subjects.

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"Their general duties in this respect are defined by law "and by treaties.

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"It is incumbent on all Consular Officers tomake themselves thoroughly acquainted with all laws which bear upon their "functions, and to be conversant with all treaties which may "affect their official position. A knowledge of the principles "and details of English mercantile law and usage is indispensable: and it is equally necessary that Consular Officers "should be well acquainted with the laws and usages of trade "in force generally in the country, and locally in the place, of "their residence.

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"The duties of Consular Officers, however, are not necessarily limited to commercial matters. They must perform any service, and be prepared to furnish any information, that may be required of them by her Majesty's Government "within their Consular district.”

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Appointment of Consular Officers.

PARAGRAPH 1.

"Consular Officers are of two classes, those appointed by "Commission from the Crown, and those appointed by Com"missioned Officers under authority given by the Crown. "Neither class, however, has power to act until duly recognised by the Government of the country in which the Officer has "to reside.

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"This recognition, in so far as concerns Consular Officers holding commissions from the Sovereign, is given by an "instrument called an exequatur, granted by the Sovereign "or chief authority of such country; and the exequatur

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"is applied for through the principal British Diplomatic "Officer residing at the seat of government.

"If the Consular Officer should himself be the principal "British Agent in the country to which he is appointed, he "will personally apply for an exequatur, and in doing so he "will forward to the Government of the country the Queen's "commission under which he has authority to act.

"Upon the arrival of a Commissioned Consular Officer "at his post, he will announce his appointment to the local "authorities, and if his exequatur should not have reached "him, he will request to be allowed to fulfil his duties ad "interim; but this cannot be claimed as of right, and must "only be sought for as a matter of courtesy.

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"The recognition of Consular Officers not holding sovereign commissions is usually given in a less formal manner "than by sovereign exequaturs; but the rule varies in "different countries. Whatever it may be, British Consular "Officers must abide by it.

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"The Consular Service consists of the following ranks :Agents and Consuls-General; Consuls-General; Consuls Vice-Consuls; Consular Agents; Pro-Consuls."

Rights and Privileges of Consular Officers.

PARAGRAPH 2.

"These are of two kinds: those defined by treaty, and "those regulated by local law or custom. Consular Officers "should maintain their right to privileges or exemptions "which by treaty or by custom they may be fully entitled to demand, but they must not aim at more; and in any case of "difference of opinion between them and officers of other "Governments they must avoid giving offence, and should "conduct the controversy in a spirit of conciliation, calculated "to render unnecessary the reference which, if the difference "cannot be arranged, must be made by the Consular Officer "to the Secretary of State through the Diplomatic Repre

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