The position of the United States consuls is minutely described in the
Regulations, Washington, 1896. Under various treaties and conventions
they enjoy large privileges and jurisdiction. By the treaty of 1816 with
Sweden the United States government agreed that the consuls of the two
states respectively should be sole judges in disputes between captains
and crews of vessels. (Up to 1906 there were eighteen treaties
containing this clause.) By convention with France in 1853 they likewise
agreed that the consuls of both countries should be permitted to hold
real estate, and to have the "police interne des navires a commerce." In
Borneo, China, Korea, Morocco, Persia, Siam, Tripoli and Turkey an
extensive jurisdiction, civil and criminal, is exercised by treaty
stipulation in cases where United States subjects are interested.
Exemption from liability to appear as a witness is often stipulated. The
question was raised in France in 1843 by the case of the Spanish consul
Soller at Aix, and in America in 1854 by the case of Dillon, the French
consul at San Francisco, who, on being arrested by Judge Hoffmann for
declining to give evidence in a criminal suit, pulled down his consular
flag. So, also, inviolability of national archives is often stipulated.
To the consuls of other nations the United States government have always
accorded the privileges of arresting deserters, and of being themselves
amenable only to the Federal and not to the States courts. They also
recognize foreign consuls as representative suitors for absent
foreigners.
The United States commercial agents are appointed by the president, and
usually receive an _exequatur_. They form a class by themselves, and are
distinct from the consular agents, who are simply deputy consuls in
districts where there is no principal consul.
By a law of April 1906 the U.S. consular service was reorganized and
graded, the office of consul-general being divided into seven classes,
and that of consul into nine classes; and on June 27 an executive order
was issued by President Roosevelt governing appointments and promotions.
Public-domain text, read in full here on John Shaqi.
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