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EXPLANATION OF ABBREVIATIONS.

Ben

Blatch

Blatch. & H.

Benedict's United States District Court Reports.

Blatchford's United States Circuit Court Reports.

Blatchford & Howland's United States District Court
Reports.

Bowler's 1st Comp. Dec... Decisions of the First Comptroller of the Treasury

Cal

Cliff

C. Cls. R
Comp. Dec.
Cranch.

Curtis.

Curtis on Seamen
Cust. Reg

Dana's Wheaton.
Fed. Rep..
Halleck

How.

Low

Mason

Nev

Olcott.

Op Att. Gen.
Pac. Rep..
Peters C. C.
Pick.

R. S..

8

Saw

Sprague

Stat. L..

Sumn..

Swabey..

Taney's Dec..

U.S.

U.S. Const.

Wall

Ware

Wash. C. C..

Whart. Int. L. Dig.
Wheat

(1893-94).

California Reports.

Clifford's United States Circuit Court Reports.
United States Court of Claims Reports.

Decisions of the Comptroller of the Treasury.
Cranch's United States Supreme Court Reports.
Curtis's United States Circuit Court Reports.
Curtis's Rights and Duties of Merchant Seamen.
Customs Regulations of the United States, edition of 1892.
Wheaton's International Law, Dana's edition.
United States Federal Reporter.

Halleck's International Law.

Howard's United States Supreme Court Reports.
Lowell's United States District Court Reports.
Mason's United States Circuit Court Reports.

Nevada (Territory) Reports.

Olcott's United States District Court Reports.

Opinions of the Attorney-General of the United States.
Pacific Reporter.

Peters's United States Circuit Court Reports.

Pickering's Reports (Massachusetts).

Revised Statutes of the United States (1878).

Synopsis of Treasury Decisions.

Sawyer's United States District and Circuit Court Reports.

Sprague's United States Admiralty and Maritime Deci. sions.

United States Statutes at Large.

Sumner's United States Circuit Court Reports.

Swabey's Admiralty Reports.

Taney's United States Circuit Court Decisions.

United States Supreme Court Reports.
Constitution of the United States.

Wallace's United States Supreme Court Reports.
Ware's United States District Court Reports.
Washington's United States Circuit Court Reports.
Wharton's International Law Digest.

Wheaton's United States Supreme Court Reports.

WASHINGTON, D. O.

INTRODUCTION.

ORIGIN OF CONSULAR JURISDICTION.

Early in the history of commerce it became necessary for commercial states to establish a jurisdiction over seamen, vessels, and merchandise. And as the operations of commerce in foreign ports might involve national interests, as well as the individual interests of merchants and seamen, it became equally necessary that this jurisdiction should be exercised by a national agent. Hence we find among the commercial states of antiquity commercial magistrates with functions similar to those vested in the consuls of modern times, though much more extensive.

2

1

Whether these magistrates received the title of consul from motives of vanity, as observed by one writer, or from the importance of their office and the sovereign authority by which it was bestowed, as asserted by another, it is nevertheless true that when it ceased to distinguish the executive magistrate of Rome it came to be used by the commercial states of former times to designate the officers who resided at foreign ports to protect their citizens and their commercial interests.3 And the name has been continued in modern

1 Brown's Elements of Civil Law.

Warden's Consular Establishments. 3 Ibid.

17824 C R- 1

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times, though the powers of the consular officer have been greatly modified.

During the Middle Ages consuls were quasi public ministers, who watched over the interests of their countrymen, deciding their disputes, protecting their commerce, and exercising large judicial and commercial powers, independent of the local law.1 But when public ministers, in name and in fact, came to be established, consuls (except in oriental countries, where their powers are dependent upon treaty, as we shall hereafter see) were shorn of much of their dignity and privileges. They are now, for the most part, commercial agents, and have no representative character. Both in civil and criminal cases they are subject to the laws of the countries in which they reside equally with all other persons. If exceptional privileges are claimed, it must be by virtue of treaty stipulations, local customs, or local law. Any judicial powers which may be vested in the consuls accredited to any particular country must be ascertained by an examination of the treaty stipulations with such country and the laws of the state from which the consuls derive their appointment.?

1 Pomeroy's International Law.

? Dainese v. Hale, 91 U. S. Rep., 13.

REGULATIONS FOR THE CONSULAR SERVICE

OF THE

UNITED STATES.

ARTICLE I.

THE CONSULAR SERVICE.

1. Classification.-The consular service of the United States consists of consuls-general, vice-consuls-general, deputy consuls-general, consuls, vice-consuls, deputy consuls, commercial agents, vice-commercial agents, consular agents, consular clerks, interpreters, marshals, and clerks at consulates.

2. Consular officers.-The term "consular officer" includes consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents, and none others.-R. S., sec. 1674..

3. Principal consular officers.-Consuls-general, consuls, and commercial agents are full, principal, and permanent consular officers, as distinguished from subordinates and substitutes.-R. S., sec. 1674. Vice-consuls or vice-commercial agents, when in charge, are acting consuls or commercial agents for the time being, and are principal consular officers.33 Fed. Rep. 167.

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