Diplomatic and consular service, American; United States -- Colonial question; United States -- Politics and government
The consular service originally comprised some of the functions and
enjoyed many of the privileges of the diplomatic. It lost those
functions and most of the privileges when the diplomatic service
developed and became common, except in uncivilized countries. The consul
has lost, in the main, his representative character and has retained in
uncivilized countries his judicial power—capacity to act as a judge. The
consul has lost the right of exterritoriality, that is, the right to be
subject to the laws of his own country and not to those of the country
where he is stationed. However, he is under the special protection of
international law and is regarded as the officer “both of the state
which appoints and the state which receives him”. The extent of his
authority is derived from his commission and his exequatur, and the
extent of his privileges is defined for the most part by treaties
between his own government and the one where he is stationed. Among
these we will notice the following:
TREATY RIGHTS.
_The-most-favored-nation_ clause in a commercial or consular treaty
between two powers entitles the consuls of those two countries to all
the privileges that those countries grant to the consuls of other
powers. It is no more than an agreement between Smith and Jones that in
a certain particular they will treat each other as decently as they
treat any of their other neighbors.
_Inviolability of the archives and papers_ of the consulate means that
they cannot be seized or examined by anybody.
_Inviolability of the consular office and dwelling_ secures those places
from invasion even by officers of the law; but it is understood that
they are not to be used as an asylum or place of refuge for fugitives
from the law. If it is known that they are so used it is doubtful if
there are many countries where this would hold.
_Exemption from arrest_ secures to a consul the freedom of a diplomatic
officer, but this is seldom enjoyed in full. Usage inclines to grant
every liberty to a consul consistent with public welfare. He is seldom
exempt from arrest for crime.
_Exemption from obligation to appear as a witness_ “except for defense
of persons accused of crime” is secured in several countries.
_Exemption from taxation_ of personal property is secured in a number of
countries, provided the officer is not a citizen of that country, and
provided also he is not engaged in business.
This first proviso may sound a little strange, yet it is a fact that
Uncle Sam has often jeopardized his reputation for shrewdness by
employing citizens of a country to represent his commercial interests
right in their own home. A study of treaties will show that foreign
governments do not look upon this arrangement with more favor than we
should, hence it is a good practice to abandon.
_Exemption from military billetings and public services_ is granted upon
the same proviso mentioned above.
Public-domain text, read in full here on John Shaqi.
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