in the constitutional, administrative
and judicial organization of the various powers, in international law,
commercial law and maritime law, in the history of treaties and in
commercial and political geography, in political economy, and in the
German and English languages. They have to serve three years abroad or
attached to some ministerial department before they can enter for the
examination which entitles them to an appointment as attache or as
_consul suppleant_. This assimilation of the consular to the diplomatic
service remains peculiar to France.[3]
In Germany it was enacted by the law of February 28, 1873, that German
consuls must be either trained jurists, or must have passed special
examinations. The result of this system has been the establishment
throughout the world of an elaborate network of trained commercial
experts, directly responsible to the central government, and charged as
one of their principal duties with the task of keeping the government
informed of all that may be of interest to German traders. These annual
consular reports were from the first regularly and promptly published in
the _Deutsche Handelsarchiv_, and have contributed much to the wonderful
expansion of German trade. The right to establish consuls is now
universally recognized by Christian civilized states. Jurists at one
time contended that according to international law a right of
"ex-territoriality" attached to consuls, their persons and dwellings
being sacred, and themselves amenable to local authority only in cases
of strong suspicion on political grounds. It is now admitted that, apart
from treaty, custom has established very few consular privileges; that
perhaps consuls may be arrested and incarcerated, not merely on criminal
charges, but for civil debt; and that, if they engage in trade or become
the owners of immovable property, their persons certainly lose
protection. This question of arrest has been frequently raised in
Europe:--in the case of Barbuit, a tallow-chandler, who from 1717 to
1735 acted as Prussian consul in London, and to whom the exemption
conferred by statute on ambassadors was held not to apply; in the case
of Cretico, the Turkish consul in London in 1808; in the case of Begley,
the United States consul at Genoa, arrested in Paris in 1840; and in the
case of De la Fuente Hermosa, Uruguayan consul, whom the _Cour Royale_
of Paris in 1842 held liable to arrest for debt. In the same way consuls
are often exempt from all kinds of rates and taxes, and always from
personal taxes. They are exempt from billeting and military service, but
are not entitled (except in the Levant, where also freedom from arrest
and trial is the rule) to have private chapels in their houses. The
right of consuls to exhibit their national arms and flag over the door
of the bureau is not disputed.
Public-domain text, read in full here on John Shaqi.
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