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he may either be punished by the local laws or sent back to his own country. In the absence of a diplomatic representative, a consul doubtless has the right of access to the authorities of the state in all matters appertaining to his office.
74. Merchant consuls.--The privileges of a consul who engages in business in the country of his official residence are, under international law, more restricted, especially if he is a subject or citizen of the foreign state. If his exequatur has been granted without limitations, he may claim the privileges and exemptions that are necessary to the performance of the duties of his office; but in all that concerns his personal status or his status as a merchant it is doubtful whether he can claim any rights or privileges not conceded to other subjects or citizens of the state. He should, however, claim the same privileges and immunities that are granted to other merchant consuls in the same country.
75. Non-Christian countries. In non-Christian countries the rights of exterritoriality have been largely preserved, and have generally been confirmed by treaties to consular officers. To a great degree they enjoy the immunities of diplomatic representatives, together with certain prerogatives of jurisdiction (see Article XXX), the right of worship, and, to some extent, the right of asylum. These immunities extend to exemption from both the civil and criminal jurisdiction of the country to which they are sent, and protect their households and the effects covered by the consular residence. Their personal property is exempt from taxation, though it may be otherwise with real estate or movables not connected with the consulate. Generally, they are exempt from all personal impositions that arise from the character or quality of a subject or citizen of the country.
76. Precedence and ceremonial.-Consuls have no claim, under international law, to any foreign ceremonial, and no right of precedence except among themselves and in their relation to
the military and naval officers of their own country. This precedence, as to officers of the same grade in the consular body of the place, depends upon the date of the respective exequaturs.-1 Halleck, ch. 11, sec. 7. (Paragraphs 440-442.)
PRIVILEGES AND Powers under TREATIES AND CON
77. The fundamental rights and privileges of consular officers depend upon the principles of international law and the custom and usage of nations. Certain rights and privileges are also specifically guaranteed to them by treaties. This article is intended simply as a summary of some of the more important rights and privileges secured to consular officers of the United States by treaties. The several consular treaties and conventions with other powers may be found in Appendix III, and in each case the consul must look there for more detailed information. The Department of State must necessarily trust to the discretion of the consul, on the one hand, not to permit his rights to be invaded without protest, and, on the other hand, not to claim what he can not maintain. If the rights thus secured by treaty are in any case invaded or violated, the consul will at once complain to the local authorities, to the Department, and to his immediate superior. These complaints should set forth in full all the facts showing the invasion or violation.
78. Some of the consular treaties of the United States contain a clause, commonly called "the most-favored-nation clause." This right is secured by treaties with the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Colombia, Costa Rica, the Dominican Republic, Denmark, Ecuador,
Egypt, France, Germany, Hawaiian Islands, Haiti, Honduras, Italy, Kongo Free State, Korea, Japan,1 Madagascar, Morocco, Netherlands (and colonies), Nicaragua, Orange Free State, Paraguay, Persia, Peru, Portugal, Prussia, Roumania, Russia, Salvador, Servia, Spain, Switzerland, and Tripoli. In those countries consuls of the United States are entitled to claim as full rights and privileges as have been granted to consuls of other nations.
INVIOLABILITY OF THE ARCHIVES AND PAPERS OF THE CONSULATE.
79. This is secured by treaties with Austria-Hungary, the Argentine Republic, Belgium, Bolivia, Colombia, Denmark, the Dominican Republic, Ecuador, France, Germany, Greece, Haiti, Kongo Free State, Maskat, Netherlands (and colonies), Orange Free State, Peru, Portugal, Roumania, Salvador, Servia, Sweden and Norway, and Switzerland.
INVIOLABILITY OF THE CONSULAR OFFICE AND DWELLING.
80. This is secured by treaties with Belgium, Bolivia, France, Germany (of consuls not citizens), Italy, Kongo Free State, Korea, Maskat, Morocco, Roumania, Salvador, and Servia; but the dwelling can not be used as an asylum. It is agreed with Colombia that the persons and dwellings of consuls are to be subject to the laws of the country, except as specially exempted by treaty. The consulates in Germany are not to be made asylums for the subjects of other powers.
EXEMPTION FROM ARREST.
81. By convention with Belgium, Germany, Italy, Kongo Free State, Netherlands, Roumania, and Servia, the consul is exempted from arrest, except for crimes. By treaty
Treaty of November 22, 1894, which goes into effect July 17, 1899.
with Turkey he is entitled to suitable distinction and necessary aid and protection. In Maskat he enjoys the inviolability of a diplomatic officer. In Austria-Hungary and France he is to enjoy personal immunities; but in France, if a citizen of France, or owning property there, or engaged in commerce, he can claim only the immunities granted to other citizens of the country who own property or to merchants. In AustriaHungary and Roumania, if engaged in business, he can be detained only for commercial debts. In Colombia the consuls of the United States have no diplomatic character. In Great Britain, Liberia, Netherlands (as to colonies), Nicaragua, and Paraguay they are regarded as appointed for the protection of trade.
EXEMPTION FROM OBLIGATION TO APPEAR AS A WITNESS.
82. This is secured absolutely by convention with France, and, except for defense of persons charged with crime, by conventions with Austria-Hungary, Belgium, Italy, Netherlands, Roumania, Salvador, and Servia. In such case the testimony may be taken in writing at the consul's dwelling. If the consul claims this privilege, he should, in such case, offer to give his evidence in the mode prescribed by the particular convention, and should throw no impediment in the way of the proper administration of justice in the country of his official residence.
EXEMPTION FROM TAXATION.
83. When a consul is not a citizen of the country in which the consulate is situated, and does not own real estate therein, and is not engaged in business therein, he is secured against the liability to taxation by treaties or conventions with Austria-Hungary, Belgium, Bolivia, Colombia, Denmark, Dominican Republic, Ecuador, Egypt, France, Germany, Haiti, Hawaiian Islands, Italy, Kongo Free State, Netherlands (and
colonies), Orange Free State, Persia, Peru, Portugal, Roumania, Russia, Salvador, Servia, and Switzerland. In Germany the official income of a consul is not taxable. In general, if a consular officer engages in business or owns property in the country of his official residence, he can not claim exemptions in respect of such business or property other than those accorded to citizens or subjects of the country.
EXEMPTION FROM MILITARY BILLETINGS OR SERVICE AND PUBLIC SERVICE.
84. If consuls are not citizens of the country of their consular residence or domiciled in it at the time of appointment, exemption from military billetings or service is secured by conventions with Austria-Hungary, Belgium, France, Germany, Italy, Kongo Free State, and Netherlands. Exemption from all public service is secured by treaties with Colombia, Denmark, Germany, Peru, Salvador; and in Colombia the exemption also extends to officers, secretaries, and attachés, and in Servia and Roumania to all citizens of the United States.
INFRACTION OF TREATIES.
85. The right of consuls to correspond with the local authorities in case of any infraction of treaty is secured by conventions with Austria-Hungary, Belgium, Colombia, France, Germany, Italy, Kongo Free State, Netherlands (and colonies), Roumania, Salvador, and Servia; and in case the local authorities fail to give redress and there be no diplomatic representative, they may apply to the government of the country in which they, respectively, exercise their functions.
USE OF THE NATIONAL ARMS AND FLAGS ON OFFICES AND DWELLINGS.
86. The right to place the national arms and the name of the consulate on the offices is given by treaties with AustriaHungary, Italy, and Netherlands (and colonies); on their 17824 C R- -3