nation electing their own consul. The competence of these consuls became, however, more and more enlarged through treaties, so-called 'Capitulations,' between the home States of the merchants and the Mohammedan monarchs on whose territories these merchants had settled down.1 The competence of consuls came to comprise the whole civil and criminal jurisdiction over, and protection of, the privileges, the life, and the property of their countrymen. From the East the institution of consuls was transferred to the West., Thus, in the fifteenth century Italian consuls existed in the Netherlands and in London, English consuls in the Netherlands, Sweden, Norway, Denmark, and Italy (Pisa). These consuls in the West exercised, just as did those in the East, exclusive civil and criminal jurisdiction over the merchants of their nationality. But the position of the consuls in the West decayed in the beginning of the seventeenth century through the influence of the rising permanent legations on the one hand, and, on the other, from the fact that everywhere foreign merchants were brought under the civil and criminal jurisdiction of the State in which they resided. This change in their competence altered the position of consuls in the Christian States of the West altogether. Their functions now shrank into a general supervision of the commerce and navigation of their home States, and into a kind of protection of the commercial interests of their countrymen. Consequently, they did not receive much notice in the seventeenth and eighteenth centuries, and it was not until the nineteenth century that the general development of international commerce, navigation, and shipping again drew the attention of the Governments to the value and importance of the institution of consuls. It was now systematically developed. The position of the consuls, their functions, and their 1 See Twiss, i. §§ 253-263. General privileges were the subject of stipulations, either in commercial treaties, or in special consular treaties,1 and the several States enacted statutes regarding the duties of their consuls abroad, such as the Consular Act passed by England in 1825.2 § 419. Nowadays consuls are agents of States residacter of ing abroad for purposes of various kinds, but mainly Consuls. in the interests of the commerce and navigation of the appointing State. As they are not diplomatic representatives, they do not enjoy diplomatic privileges. Nor have they, ordinarily, anything to do with intercourse between their home State and the State in which they reside. But these rules have exceptions. Consuls of Christian Powers in certain non-Christian States have retained their former competence, and exercise full civil and criminal jurisdiction over their countrymen. And sometimes consuls are charged with the tasks which are regularly fulfilled by diplomatic representatives. Thus, in States under suzerainty, the Powers are frequently represented by consuls, who transact all the business otherwise transacted by diplomatic representatives, and who have, therefore, often the title of 'Diplomatic Agents.' Thus, too, on occasions small States, instead of accrediting diplomatic envoys to another State, send only a consul, who combines consular functions with those of a diplomatic envoy. It must, however, be emphasised that consuls thereby neither become diplomatic envoys, although they may have the title of Diplomatic Agents,' nor enjoy the privileges of diplomatic envoys if such privileges are not specially provided for by treaties between the home State and the State in which they reside. Different, however, is the case in which a consul is at the same time accredited as chargé d'affaires, and in which, there 1 Phillimore, ii. § 255, gives a list of such treaties. 2 6 Geo. IV. c. 87. fore, he combines two different offices; for as chargé d'affaires he is a diplomatic envoy, and enjoys all the privileges of such an envoy, provided he has received a letter of credence. II CONSULAR ORGANISATION Hall, Foreign Powers and Jurisdiction, § 13-Phillimore, ii. §§ 253-254Halleck, i. p. 396-Taylor, § 328-Moore, v. § 696-Hershey, No. 284Ullmann, § 57-Bulmerincq in Holtzendorff, iii. pp. 695-701-Rivier, i. § 41-Calvo, iii. §§ 1373-1376-Bonfils, Nos. 743-748-Pradier-Fodéré, iv. §§ 2050-2055-Mérignhac, ii. pp. 320-333-Martens, ii. § 20-Stowell, Le Consul, pp. 186-205-General Instructions for His Majesty's Consular Officers (1907). Kinds of § 420. Consuls are of two kinds. They are either Different specially sent and paid for the administration of their Consuls. consular office (Consules missi), or they are appointed from individuals, in most cases merchants, residing in the district for which they are to administer the consular office (Consules electi).1 Consuls of the first kind who are the so-called professional consuls, and are always subjects of the sending State, have to devote their whole time to the consular office. Consuls of the second kind, who may or may not be subjects of the sending State, administer the consular office besides following their ordinary callings. Some States, such as France, appoint professional consuls only; most States, however, appoint consuls of both kinds, according to the importance of the consular districts. But there is a general tendency with most States to appoint professional consuls for important districts. No difference exists in the general position of the two To this distinction corresponds in the British Consular Service the distinction between 'Consular Officers' and 'Trading Consular Consular Classes of kinds of consuls according to International Law. But, naturally, a professional consul enjoys in practice a greater authority, and a more important social position, and consular treaties often stipulate special privileges for professional consuls. § 421. As the functions of consuls are of a more or less local character, most States appoint several consuls on the territory of other larger States, confining the duties of each to certain districts of such territories, or even to a certain town or port only. Consular districts as a rule coincide with provinces of the State in which the consuls administer their offices. Consuls in each consular district are independent of each other, and conduct their correspondence directly with the Foreign Office of their home State, the agents-consular excepted, who correspond only with the consul who appoints them. The extent of the districts is agreed upon between the home State of the consul and the admitting State. Only the consul appointed for a particular district is entitled to exercise consular functions within its boundaries, and to him alone the local authorities have to grant the consular privileges, if any. Different § 422. Four classes of consuls are generally distinConsuls. guished according to rank: consuls-general, consuls, vice-consuls, and agents-consular. Consuls-general are appointed either as the head of several consular districts, and have then several consuls subordinate to themselves, or as the head of one very large consular district. Consuls are usually appointed for smaller districts, and for towns or even ports only. Viceconsuls are assistants of consuls-general and consuls who themselves possess consular character and so can take the consul's place in regard to all his duties; they are, according to the Municipal Law of some States, appointed by the consul, subject to the approbation of his home State. Agents-consular are agents with con sular character, appointed, subject to the approbation of the home Government, by a consul-general or consul for the exercise of certain parts of the consular functions in certain towns or other places of the consular district. Agents-consular are not independent of the appointing consul, and do not correspond directly with the home State, since the appointing consul is responsible to his Government for them. The so-called proconsul is not a consul, but a locum tenens only during the temporary absence or illness of a consul; he possesses, therefore, consular character for such time only as he actually is the locum tenens. The British Consular Consular Service, which is being reorganised, consisted in 19191 of the following six ranks: (1) agents and consuls-general, commissioners and consuls-general; (2) consuls-general; (3) consuls; (4) vice-consuls; (5) consular agents; (6) proconsuls. In the British Consular Service proconsuls only exercise, as a rule, the notarial functions of a consular officer. subordi. matic § 423. Although consuls conduct their correspond- Consuls ence directly with their home Government, they are nate to nevertheless subordinate to the diplomatic envoy of Diplo their home Government accredited to the State in Envoys. which they administer their consular office. According to the Municipal Law of almost every State except the United States of America, the diplomatic envoy has full authority and control over them. He can give instructions and orders, which they have to execute. In doubtful cases they have to ask his advice and instructions. On the other hand, the diplomatic envoy has to protect the consuls in case they are injured by the local Government. |