them; but may be waived by him,' except as otherwise declared in article 146.

2 Phill. Int. Law, 196.

11 Fœlix, Dr. Intern. Privé, p. 417, note b.

Property in trade.

148. The property of any member of the family of a public minister, invested in trade, is subject to the jurisdiction of the nation within whose territory it is situated.

This exception to the general rule of immunity does not extend to ministers themselves. See Taylor v. Best, 14 Common Bench Rep., 487.

Returning minister.

149. The nation of a public minister cannot deprive him of his privileges as a returning minister, without his consent.

In Torladé v. Barrazo, 1 Miles' (Pennsylvania) Rep., 366, 385, it was held, that the institution of an action of trover to recover the archives of the mission, by the chargé of a newly recognized government against his predecessor, did not ipso facto divest the defendant of such privilege.

Domicil.

150. The domicil of a public minister is not changed by his appointment,' or by any of his acts done while his powers continue.2

1 This rule applies to the case of a person domiciled at the time of his appointment in the territory of the nation to which he is accredited. Westlake, Private Intern. Law, § 47; Attorney-General v. Kent, 1 Hurlstone & Coltman's Rep., 12.

2 Fælix, Dr. Int. Privé, vol. I., p. 418, § 211; Heath v. Samson, 14 Beavan's Rep., 441.

Jurisdiction of his own nation.

151. No person, by reason of being a public minister, or a member of the family of a public minister, is exempt from the jurisdiction of the nation of which he is a member, except to the extent of freedom from arrest on civil process.

High crimes.

152. In case of the commission of a high crime by a public minister, or by one of his family, in a foreign

country, the nation in whose territory the offender is found, may compel him to leave it; and may use any degree of force necessary to secure his departure.

Lawrence's Wheaton, p. 395; 2 Fœlix, Dr. Int. Privé, § 576, p. 293; Heffter, $206.

Arrest of criminal act.

153. Any person or nation may arrest any act of criminal violence on the part of a public minister, or any of his family; and may use any force necessary to prevent the commission of such an act.

2 Phill. Int. Law, p. 185; United States v. Liddle, 2 Washington's U. S. Circuit Court Rep., p. 205; United States v. Ortego, 4 Id., 537; Lawrence's Wheaton, p. 395.

Right to punish family.

154. A public minister has no power to inflict criminal punishment upon any of his family; but, with the consent of the nation in whose territory he is, he may use any necessary force to send home any of them charged with crime.

See Halleck, p. 220.

Taxes.

1

155. It is the duty of a public minister to pay taxes and assessments imposed upon his property for its benefit; but this duty cannot be enforced by any nation whatever, by means of any process against his person, nor by the nation to which he is sent, by means of any process against such of his property as is exempted from its jurisdiction.”

1 Recent treaties give consuls a more liberal exemption. See PrelimNote to Section IV. of next Chapter.

21 Twiss, Law of Nations, § 203.

3 Ib.; Klüber, § 205.

Importations.

156. A public minister is entitled to import articles for the use of himself and his family, official and personal, to a reasonable extent, free of duty.

See Lawrence's Wheaton, p. 416; Attorney-General v. Thornton, 1 McLelland's Rep., pp. 600, 607.

It is sometimes said, that he may be required in the first instance to pay the duty, but that it cannot be enforced by seizure or legal process. This, however, does not seem reasonable.

Bearers of dispatches.

157. Bearers of dispatches to or from a public minister, provided with passports or other evidence of their character,' have the same privileges as members of his family, accompanying him, for such length of time as may be necessary to enable them to perform their duties as such."

1 Heffter, § 204.

2 Lawrence's Wheaton, p. 417; 2 Phill. Int. Law, 196, § 186.

Reparation for violence to property.

158. The nation within whose jurisdiction an act of violence is committed upon the exempt property of a public minister, is bound to make reparation therefor, although done by a person who was at the time ignorant of its character.

In United States v. Hand, 2 Washington's U. S. Circuit Ct. Rep., p. 435, it was held, that an attack upon a minister's house is not a crime by the law of nations, unless the aggressor knew that it was the domicil of the minister. Such ignorance would be no excuse for an assault upon his person. United States v. Liddle, 2 Id., 210; United States v. Ortega, 4 Id., 537; United States v. Benner, 1 Baldwin's Rep., 234. To the contrary, Heffter, § 204; Vattel's Law of Nations, Bk. IV., ch. XVII., § 82.

159. A consul is an agent appointed, by authority of one nation, to reside within the territory of another nation, for the purpose of facilitating commerce. The word "consul," as used in this Code, designates any person empowered to exercise, for the time being, the consular functions.

Classes of consuls.

160. The various classes of consuls, and their relative rank and powers, are fixed by their respective nations. It is not thought necessary to define in this Code a fixed scheme of classification for consular officers, any further than the distinctions between principal and subordinate officers, and between temporary and permanent officers, are recognized in the following Articles:

The consular body in France is composed of: 1. Consuls-General; 2. Consuls of the first and second class; 3. Consular pupils, (eleves consuls.) See Report of Mr. Bigelow, Feb., 1864, quoted in United States Consular Regulations, (1868,) p. 179, note.

By the United States Consular Regulations, (1870,) Art. I., ¶ 1, the Consular service of the United States consists of the following officers : Agents and Consuls General; Consuls General; Vice-Consuls General;

Deputy Consuls General; Consuls; Vice-Consuls; Deputy Consuls; Consular Agents; Commercial Agents; Vice-Commercial Agents; Consular Clerks; and office clerks.

Agents and Consuls General, Consuls General, Consuls and Commercial Agents, are full, principal and permanent Consular Officers, as distinguished from subordinates and substitutes.

Deputy Consuls and Consular Agents are Consular Officers subordinate to such principals, exercising the powers and performing the duties within the limits of their Consulates, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located.

Vice-Consuls General, Vice-Consuls and Vice-Commercial Agents are Consular Officers who are substituted temporarily to fill the places of Consuls-General, Consuls or Commercial Agents, when they are temporarily absent or relieved from duty.

Consular Clerks are recognized by the Act of Congress, June 20, 1864, 13 U. S. Stat. at L., p. 139, § 2. The class of Office Clerks is authorized only in unsalaried Consulates.

The class of Consular Pupils is recognized by the consular convention between the United States and France, Feb. 23, 1853, 10 U. S. Stat. at L., (Tr.,) 114, 121; by which convention, and by that between France and Brazil, Dec. 10, 1860, (8 De Clercq, 153, Art. II.,) it is provided that Consular pupils shall enjoy the same privileges and immunities of the person as Consuls, &c.

Commercial Agents are peculiar to the service of the United States, and seem to be employed in lieu of Consuls, either for reasons of convenience in the formalities of appointment; or, to avoid the necessity of recognizing a de facto government, by requesting an exequatur. U. S. Consular Regulations, (1868,) pp. 156–8.

It is proposed by Article 169, to confine the immunities to Consuls holding an exequatur.

By whatever name," says Halleck, (Intern. Law, p. 241, § 3,) these officers are designated, their powers and duties in Christian countries are essentially the same."