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."

SECTION II.

AUTHORIZATION OF CONSULS.

ARTICLE 161. Duty of nations to receive consuls.
162. Exclusion of consuls.

163. Forbidding consuls to engage in business.
164. Appointment of subordinates.

165. Commission required.

166. Formal act of permission required.

167. Exception as to temporary consuls.

168. Notifying appointment to local authorities.
169. Notifying permission.

Duty of nations to receive consuls.

161. Any nation may appoint consuls in all the ports, cities and places of any other nation; subject to the right of the latter to exclude the consuls of all nations whatever' from places where it may not be convenient to recognize such officers."

Convention between the United States and Italy, Feb. 8, 1868, 15 U. S. Stat. at L., (Tr.), 185, Art. I.; and other treaties of the United States. Consular convention between France and Austria, Dec. 11, 1866, 9 De Clercq, 669, Art. I.

Treaty of friendship, commerce and navigation between France and Art. XIX., 7 De Clercq, p. 10.

Honduras, Feb. 22, 1856,

New Granada, May 15, 1856,

And other treaties of France.

1 By this provision, the nations uniting in this Code will not be excluded from any ports in other such nations to which consuls from any nations, whether parties to the Code or not, are admitted. This is the principle of the treaties.

? Exclusion in case of war is provided for in Book Second of this Code.

Exclusion of consuls.

162. A nation may withdraw its permission from the consuls of all nations whatever, at any place, upon communicating the reasons for so doing to the nations parties to this Code, whose consuls are thereby excluded.

Suggested by the treaty of friendship, commerce and navigation between France and Peru, March 9, 1861, Art. XXX., 8 De Clercq, 193.

Forbidding consuls to engage in business.

163. A nation may at any time forbid consuls received by it to engage in business.

The French law forbids the consuls of France to carry on any business, and it seems proper to reserve a right to a nation receiving consuls to impose similar restrictions. Guide Pratique des Consulats, vol. 1, p. 66.

Appointment of subordinates.

164. A nation may authorize its consuls,' resident within the territory of another nation, or its public ministers' accredited thereto, to appoint vice-consuls, and other subordinate or temporary consular officers, and to remove the same."

1 Convention between the United States and ] France, Feb. 23, 1853,

Italy, Feb. 8, 1868,

Belgium, Dec. 5, 1868,

Art. V., 10 U. S. Stat. at L., (Tr.,) 114.

Consular convention between France and

Austria, Dec. 11, 1866, Art. VII., 9 De Clercq, p. 669.

Portugal, July 11, 1866, IV., 9 Id., 582.

2 Treaty of friendship, commerce and navigation between France and Peru, March 9, 1861, 8 De Clercq, 193; Instructions to Diplomatic Agents of United States, Art. XXIV.

The power of removal is not found to be expressly sanctioned in the books; but it seems proper that the tenure of such subordinate officers should be subject to the pleasure of the appointing power.

Commission required.

165. A consul must produce a suitable commission from the authority by which he is appointed.

2 Phillimore, Intern. Law, pp. 240, 241.

The commissions of vice-consuls and consular agents, appointed by a consul or consul-general, are issued by the latter, according to the treaty between the United States and Italy, Feb. 8, 1868, 15 U. S. Stat. at L., (Tr.,) 185, Art. VIII.

Formal act of permission required.

166. A consul can perform no official act until he has received' from the nation of his residence a formal act of permission. Such permission, when issued, must be free of charge.'

1 Halleck, Int. Law, p. 242, § 4; Bluntschli, Droit Int. Cod., 246, note. Treaty between the United States and Honduras, July 4, 1864, 13 U. S. Stat. at L., 699, Art. X. The United States Consular Regulations, (1868,)

pp. 189, 190, on this point, sanction his acting as commercial agent, by consent of the local authorities, before receipt of his exequatur.

2

* Exequatur. 2 Phill. Int. Law, 241. This is in various forms in different countries. Lawrence's Wheaton, p. 423, note 143.

The more common form of exequatur in use in France, England, Spain, Italy, the United States, Brazil, &c., is letters patent signed by the executive head of the nation, and countersigned by the minister of foreign affairs. In other countries, as in Russia and Denmark, the consul simply receives notice that he is recognized, and that the necessary orders have been given to the local authorities at his residence. In Austria, exequatur is simply written upon his commission, and authenticated by the Emperor's seal. Guide Pratique des Consulats, vol. 1, p. 134.

The exequaturs of French consuls are asked for and sent to their des tination by the French minister accredited to the nation of the consul's residence. Guide Pr. des Cons., vol. 1, p. 135.

3 By the general usage, exequaturs are issued free of charge. They are required to be furnished free of charge, by the treaty between the United

Portugal imposes the same charge as is required by the nation of the consul in question. England, Italy, Spain and Brazil impose charges ranging from forty to four hundred and fifty francs. Guide Pr. des Cons., vol. 1, p. 138.

Exception as to temporary consuls.

167. The last two articles do not apply to subordinate officers temporarily acting in the cases authorized by article 106.

The French rule requires an exequatur for the consular agents commissioned by consuls, but not for consular pupils, chancellors, interpreters, clerks, or other secondary officers, nor for temporary incumbents discharging the functions of the office during vacancy. Guide Pratique des Consulats, vol. 1, p. 137.

Notifying appointment to local authorities.

168. A consul,' on arriving at his post or receiving his commission there, must notify his appointment to the authorities of the city, port or place constituting his district.

1 The appointment of a deputy consul or consular agent must be notified to the local authorities of the place where he is to act. Without their recognition of his appointment, it would be improper for a deputy