Consul

government, commerce. Consuls are commercial agents, appointed to reside in the sea-ports of foreign countries, with a commission to watch over the commercial rights and privileges of the nation deputing them. A vice-consul is one acting in the place of the consul. The laws of the United States, on the subject of consuls and vice-consuls, authorise them severally to receive the protests or declarations which captains, masters, crews, passengers, merchants and others make relating to American commerce, and they declare that their consular certificates under seal shall receive faith and credit in the courts of the United States. It is also their duty, where the laws of the country permit, to administer on the estate of American citizens, dying within their consulate, and leaving no legal representatives; and to take charge and secure the effects of stranded American vessels in the absence of the master, owner or consignee; they are required to provide for destitute seamen within their consulates, and to send them to the United States.

Act of 14 April 1792, ch. 24; Act of 28 Feb. 1803, ch.

62; Gordon's Dig. 454 to 476; vide, generally, Abbott on Sh. 210; 2 Bro. Civ. Law, 503; Merl. Rep. h. t.; Ayl. Pand. 160; Warden on Consuls; Marten on Cons.; Borel, De l'Origine et des fonctions des consuls. Foreign consuls are not altogether privileged from civil actions and criminal proceedings. They have not in strictness a diplomatic character. They are deemed as mere commercial agents, and partake of the character of such agents; they are, therefore, subject to the municipal laws of the countries where they reside. The supreme court of the United States is invested with original jurisdiction in such cases, and, when they are defendants, the jurisdiction has been deemed exclusive.

Rawle on the Const. 222, 223; 1 Binn. R. 143; 2 Dall. 297; Story on the Const. § 1654; Serg. Const. Law, 225; 1 Kent, Com. 41 to 44.