Consul

A consul, though a public agent, is supposed to be clothed with authority only for commercial purposes. He has an undoubted right to interpose claims for the restitution of property belonging to the subjects of his own country; but he is not considered as a minister, or diplomatic agent of his sovereign, intrusted, by virtue of his office, with authority to represent him in his negotiations with foreign states, or to vindicate his prerogatives.

A commercial agent of a country residing in a foreign seaport, whose duty is to promote the commerce of the state commissioning him. 83 Tex. 88. He is not a diplomatic agent, and has no authority to represent his country in diplomatic negotiations. 1 Kent, Comm. 43.

A commercial agent appointed by a government to reside in a seaport or other town of a foreign country, and commissioned to watch over the commercial rights and privileges of the nation deputing him. The term includes consuls-general and vice-consuls. Rev. Stat. § 4130. A vice-consul is one acting in the place of a consul. Among the Romans, consuls were chief magistrates who were annually elected by the people, and were Invested with powers and functions similar to those of kings. During the middle ages the term consul was sometimes applied to ordinary judges; and, In the Levant, maritime judges are yet called consuls. 1 Boulay Paty, Dr. Mar. tit. Prcl. s. 2, p. 57. Officers with powers and duties corresponding to those of modern consuls were employed by the ancient Athenians, who had them stationed in commercial ports with which they traded. 3 St. John, Mann, and Cus. of Auc. Greece 283. They were appointed about the middle of the twelfth century by the maritime states of the Mediterranean; and their numbers have increased greatly with the extension of modern commerce. As a general rule, consuls represent the subjects or citizens of their own nation not otherwise represented; Bee 209; The London racket, 1 Mas. 14, Fed. Cas. No. 8,474; The Anne, 3 Wheat. (U. S.) 4:;.".. 4 L. Ed. 428; The Antelope, 10 Wheat (U. S.) 66, cured by commercial treaties, or by tbe laws of the countries they represent. They are not strictly judicial officers; 3 Taunt. 102; and have no judicial powers except those which may be conferred by treaty and statutes. See The William Harris, Ware 367, Fed. Cas. No. 17,695; Dainese v. Hale, 91 U. S. 13, 23 L. Ed. 190. American consuls are nominated by the president and confirmed by the senate. U. S. Const, art. 2, § 2. Upon the exercise of this power of appointment by the president, congress can place no limitation; Foote v. U. S., 23 Ct. Cls. 443. The consular system was reorganized by Act of April 5, 1906. Seven classes of consuls-general were created with salaries running from $12,000 to $3,000; nine classes of consuls, with salaries running from $8,000 to $2,000. The offices of vice-consul-general, deputy-consul-general, vice-consul and deputy-consul were continued, and also consular agents. The office of commercial agent was abolished. No cdnsul-general, consul, or consular agent, receiving a salary of $1,000 or over shall transact business as a merchant, manufacturer, broker, or other trader, or as a clerk for such, within the limits of his jurisdiction, nor practice as a lawyer. They are required to perform many duties in relation to the commerce of the United States and towards masters of ships, mariners, and other citizens of the United States. Among these are the authority to receive protests or declarations which captains, masters, crews, passengers, merchants, and others make relating to American commerce; they are required to administer on the estates of American citizens dying within their consular jurisdiction and leaving no legal representatives, when the laws of the country permit it; see 2 Curt. Eccl. 241; to take charge of and secure the effects of stranded American vessels in the absence of the master, owner, or consignee; to settle disputes between masters of vessels and the mariners; to provide for destitute seamen within their consulate, and send them to the United States at the public expense. See R. S. § 1674 et seq. Also to hear complaints of ill-treatment of seamen; The Welhaven, 5>5 Fed. SO. The consuls are also authorized to make certificates of certain facts in certain cases, which receive faith and credit in the courts of the United States; Potter v. Ins. Co., 3 Sumn. 27, Fed. Cas. No. 11,335. But these consular certificates are not to be received in evidence, unless they are given in the performance of a consular function; Church v. Hubbart, 2 Cra. (U. S.) 187, 2 L. Ed. 249; Catlett v. Ins. Co., 1 Paine 594, Fed. Cas. No. 2,517; U. S. v. Mitchell, 2 Wash. C. C. 478, Fed. Cas. No. 15,791; Foster v. Davis, 1 Litt. (Ky.) 71; nor are they evidence, between persons not made so by statute; Levy v. Burley, 2 Sumn. 355, Fed. Cas. No. 8,300; Catlett v. Ins. Co., 1 Paine 594, Fed. Cas. No. 2,517; Brown v. The Independence, 2 Crabbe 54, Fed. Cas. No. 2,014. Their rights are to be protected agreeably to the laws of nations, and of the treaties made between the United States and the nation to which they are sent. A consul is liable for negligence or omission to perform seasonably the duties imposed upon him, or for any malversation or abuse of power, to any injured person, for all damages occasioned thereby; and for all malversation and corrupt conduct in office a consul is liable to indictment. Of foreign consuls. Before a consul can perform any duties in the United States, he must be recognized by the president of the United States, and have received his exequatur. A consul is clothed only with authority for commercial purposes; he has a right to interpose claims for the restitution of property belonging to the citizens of the country he represents; The Adolph, 1 Curt. 87, Fed. Cas. No. 86; The Loudon Packet, 1 Max. 14, Fed. Cas. No. 8,474; Gernon v. Cochran, Bee 209, Fed. Cas. No. 5,368; The Bello Corrunes, 6 Wheat. (U. S.) 152, 5 L. Ed. 229; but he is not to be considered as a minister or diplomatic agent, intrusted by virtue of his office to represent his country in negotiations with foreign states; The Anne, 3 Wheat. (U. S.) 435, 4 L. Ed. 428. They do not represent the country, but are subject to the laws of the country where they reside; U. S. v. Wong Kim Ark, 169 U. S. 678, 18 Sup. Ct. 456, 42 L. Ed. 890. Consuls are generally invested with special privileges by local laws and usages, or by international compacts; but by the laws of nations they are not entitled to the peculiar immunities of ambassadors. In civil and criminal cases they are subject to the local laws, in the same manner with other foreign residents owing a temporary allegiance to the state; 1 Op. Atty. Gen. 45, 302; Com. v. Kosloff, 5 S. & R. (Pa.) 546; 3 M. & S. 2S4; U. S. v. Ravara, 2 Dall. (U. S.) 297, 1 L. Ed. 3S8; Hall, Int. L. 2S9; Wicquefort, De VAmbassadeur, liv. 1, § 5; Bynkershoek, cap. 10; Marten, Droit des Gens, liv. 4, c. 3, § 148. R. S. § 687, gives to the supreme court original but not exclusive jurisdiction of all suits in which a consul or vice-consul shall be a party. See Mannhardt v. Soderstrom, 1 Binn. (Pa.) 143; State v. De La Foret, 2 N. 6 M'C. (S. C.) 217; Hall v. Young, 3 Pick. (Mass.) 80, 15 Am. Dec. ISO; Sartori v. Hamilton, 13 N. J. L. 107; Valariuo v. Thompson, 7 N. Y. 576. His functions may be suspended at any time by the government to which he is sent, made in his ofllcial capacity on account of his government; Jones v. Le Tombe, 3 Dall. (U. S.) 384, 1 L. Ed. 647. A vice-consul of a foreign nation, who possesses an unrevoked exequatur issued by the President of the United States, must still be recognized by the courts as the accredited representative of his country and entitled to all its privileges, although the government which Bent him has been overthrown and a revolutionary government established in its place; U. S. v. Trumbull, 4S Fed. 94. A consul general is a consul within an act concerning acknowledgments of real estate instruments; Linton v. Ins. Co., 104 Fed. 584, 44 C. C. A. 54. See Consular Conns.

In Roman law. During the republic, the name "consul" was given to the chief executive magistrate, two of whom were chosen annually. The office was continued under the empire, but its powers and prerogatives were greatly reduced. The name is supposed to have been derived from consulo, to consult, because these officers consulted with the senate on administrative measures.

In old English law. An ancient title of an earl.

In international law. An officer of a commercial character, appointed by the dlf-ferent states to watch over the mercantile interests of the appointing state and of its subjects in foreign countries. There are usually a number of consuls in every maritime country, and they are usually subject to a chief consul, who is called a "consui general." Schunior v. Russell, 83 Tex. 83, 18 ,S. W. 484; Seidel v. Peschkaw, 27 N. J. Law, 427; Sartori v. Hamilton, 13 N. J. Law, 107; The Anne, 3 Wheat 445, 4 L. Ed. 428. The word "consul" has two meanings:
(1) It denotes an officer of a particular grade in the consular service;
(2) it has a broader generic sense, embracing all consular officere, Dainese v. U. S., 15 Ct Cl. 64. The official designations employed throughout this title shall be deemed to have the following meanings, respectively: First. "Consul general, "consul," and "commercial agent" shall be deemed to denote full, principal, and permanent consular officers, as distinguished from subordinates and substitutes. Second. "Deputy-consul" and "consular agent" shall be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places and the latter at ports or places different from those at which such principals are located respectively. Third. "Viceconsuls" and "vice-commercial agents" shall be deemed to denote consular officers who shall be substituted, temporarily, to fill the places of consuls general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. Fourth. "Consular officer" shall be deemed to include consuls general, consuls, commercini agents, deputy-consuls, viceconsuls, vice-commercial agents, and consular agents, and none others. Fifth. "Diplomatio officer" shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, charges d'affaires, agents, and secretaries of legation, and none others. Rev. St. U. S. § 1674 (U. S. Comp. St 1901, p. 1150.)

In international law. A public agent, appointed by a government to reside in a foreign country, to watch over its commercial rights and privileges, and the commercial interests of its citizens or subjects.

In old English law. An ancient title of an earl.

In the Roman law. The name of a chief magistrate among the Romans, of whom there were two, annually created, who, during the republic, exercised supreme authority.

In Roman law. During the republic, the name “consul” was given to the chief executive magistrate, two of whom were chosen aunually. The office was coutinued under the empire, but its powers and prerogatives were greatly reduced. The name is supposed to have been derived from consude, to consuit, becuuse these officers consulted with the senate on administrative measures.

In old Fnglish law. An ancient title of an earl.

In international law. An oificer of a commercial character, appointed by the ditferent statea to watch over the mercantile interests of the appointing state and of its subjects in foreign countries. There are usuaily a number of consuls in every maritime country, and they are usually subject to a chief consul, who is called a “consul general.” Brown. The word “consul” has two moanings: {1} It denotes an officer of a particular grade in the consular service; (2) it has a broader generic sense, embracing all consular oflicers. 15 Ct. Ch 64. The official designations employed throughout this title shall be deemed to have the following meanings, respectively; IJirst. “Consul general, ” “consul,” and “commercial agent shall be deemed to denote full, principal, and permanent consular officers, as distinguished from subordinates and substitutes. Seeond. “Deputy-consul” and “conaular agent” shall bs decmed to denote consular offtits of their consulates or commercial agencies ra spectively, the former at the same ports or places end the latter at ports or places different from those at which such principals are located respect ively. Third. “Vice-consuls” and “vyice-commer cial agents” shall be deemed te denote consular ofilcers who shall be substituted, temporarily, fill the places of consuls general, consuls, or commercial agents, when they shall be temporarily abseut or relieved fram duty. ov th. “Consular dilicer” shall be deemed to include consuls general, cousuls, commercial agents, deputy-consuls, vice consuls, vice-commercial agents, and consular agents, and none others. Fifil. “Diplomatic officer” shall be deemed to include ambassadors, en yoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, chargéa d’affaires, agents, and secretaries of legation, and none others. Rev. St. U.S. § 1674.

i " Consul," " consul-general," and " commercial agent," in the Revised Statutes, denote full, principal and permanent consular officers, as distinguished from subordinates and substitutes. ^ "Deputy consul" and "consular agent" denote officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively, s " Vice-consuls," and " vice-commer6ial agents " denote consular officers, who shall be substituted, temporaijily, to fill the places of consuls-general, consuls, or commercial agents, when they shall be temporarily absent or retired from duty.^ "Consular officer" includes consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, consular agents, and none others.^ The word " consul " shall be understood to mean any person invested by the United States with and exercising the functions of consul-general, vice-consul-general, consul or vice-consul.6 A "consul" is an officer of a particular grade in the consular service; in a broad generic sense, the word embraces all consular officers of whatever grade.' Under treaties, consuls have had conferred upon them judicial authority over theff own countrymen: as in the decision of controversies in civil cases; the administration of estates; the registering and certifying of wills, contracts, etc. When residing in a country of different political and religious institutions, they have also a limited criminal jurisdiction over their countrymen." Consuls are approved and admitted by the local sovereign. If guilty of illegal or improper conduct, the exequatur (q. v.) which has been given 'may be revoked, and they may be punished, or sent out of the country, at the option of the offended government. In • L. consulere, to consult. ' R. S. § 1674, par. 1. « Ibid., par. 2. * Ibid., par. 3. » Ibid., par. 4. •Act 1 Feb. 1876; E. S. S 4130. ' Dainese v. United States, 13 Ct. a. 74 (1879). civil and criminal cases they are subject to the local law in the same manner as other foreign residents owing a temporary allegiance to the state. A trading consul, in all that concerns his trade, is liable as a native merchant.^ See further Diplomatic; Mihisteb, 3. CONS1JMMATE.2 ' Complete, finished, perfected, entire; opposed to inchoate, q. v. An estate by curtesy is consummate on the death of the wife.' Consummation. In the law of marriage, copulation.* See Com, Copula;. Maeriaqb. CONSUMPTIOH". See Legacy; Loan, 1; Tax, 3, Indirect.

Lat. [from consu Ure, to consult.] In old English law. An ancient title of an earl. Comites — qui etiam did possuni consules, a consulendo, reges enim tales sibi assodant ad consulendum. Earls — who may also be called consuls, from consuletido, for kings associate such persons with them for the purposes of consultation. Bract, fol. 5 b. 1 Bl. Com. 227. The word consul was used by the authors of the middle ages for comes, (count, or earl,) and the derivative word consulatus for comitatus; (the office or district of a comes; a county.) Spelman. It is mentioned in the laws of Edward the Confessor, (c. 12,) that what was then called comitatus was among the Britons in the time of the Romans called consulatus, and that those who were then called vice comites, were at the same early period called vice consules; their office being to supply the place of the consul in his absence. Mr. Hargrave is disposed to doubt this, ffarg. Co. Litt. lib. 3, Note 20. The use of the term, however, as applied to the highest nobility in England, seems beyond question. Bracton mentions it as an appropriate (if not an ordinary) title in his day, and dwells upon its meaning as peculiarly expressive. Bract, uh. sup.

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.