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SECTION III.-CONSULS.

138. A Consul is an officer-either purely commercial or semi-public and commercialappointed by a Sovereign to reside abroad for the purpose of protecting the commercial interests of merchants of his own nationality in the place where he resides.

The word "Consul" has been used for a political as well as a commercial office. In Rome, after the expulsion of the Tarquins and the abolition of Royalty, the Romans substituted, for one sole King, two Magistrates elected annually by the people, to whom they gave the title of Consuls. But again the consular authority was united with the kingly. In France the law of 19 Brumaire, An. VIII., established a provisional Government of three Members, called Consuls, and soon after the First Consul was charged with supreme authority.

The Consul is a public or semi-diplomatic agent, inasmuch as he represents the State by whom he is sent, and cannot exercise his functions until he has been accepted by the Sovereign to whose State he has been sent.

139. A Consul has no right to interfere in political matters, except in cases where there is no political officer to whom he can appeal in cases of difficulty.

140. The Consular duties are exercised by Consuls-General, Consuls, and Vice-Consuls.

141. As soon as the Consul arrives in the place to which he is appointed, he must exhibit his commission to the authorities of the country, in order that he may obtain their sanction to his appointment, called an Exequatur, which secures to him the enjoyment of such privileges, immunities, and exemptions as have been enjoyed by his predecessors, or as are usually granted to Consuls in the country where he is to reside.

142. Unlike the Ambassador, the Consul is subject to the laws of the country in which he resides. 143. The residence of the Consul is not extraterritorial, and he is bound to pay rates and taxes. 144. The duties of the Consul are

(a) To watch over the commercial interests of the subjects of the country he

represents, and to assist them with his advice in all doubtful emergencies.

(b) To see that the commercial treaties in force are duly observed.

(c) To attend to any grievances and difficulties in which seamen of his country may be involved.

(d) To relieve any distressed seaman belonging to his country; to allow him a sum,

and give a free pass to such as may wish to return home.

(e) To claim and recover all wrecks, cables, and anchors belonging to his country

men, and to pay the usual salvage.

(f) To receive any protest at the hand of any masters of vessels.

(g) To administer an oath as a magistrate, and do notarial acts.

145. It is the duty of the Consul to send an annual or quarterly statement of the trade of the place where he resides to the Government he represents.

146. Where specially authorized by the State which he represents, or by special privilege, capitulation, or treaty to that effect, the Consul exercises a criminal and civil jurisdiction over the subjects of his own country.

147. Under the 12 & 13 Vict. c. 68 (1849), and the Consular Marriage Act, 1868, a British Consul may celebrate a marriage between persons who have resided one month in the district, both, or one of them, being a British subject.

CHAPTER VIII.

TREATIES.

148. A TREATY is a contract between States.

Treaties between European States used to be headed, "In the name of the very holy and indivisible Trinity." The Treaty of Berlin of 1878 was headed, "In the name of Almighty God;" the Treaty with Zanzibar was headed, "In the name of the most high God." Treaties are ended with, "In witness whereof the respective Plenipotentiaries have signed it, and have affixed to it the seal of their arms.”

149. A Treaty which affects the interests of the State is a public Treaty. A Treaty which refers to the person or family of the Sovereign only is a private Treaty.

150. When a Sovereign contracts "for himself and his successors," it is a real Treaty, and the rights and obligations accruing from it pass to the State and its subsequent rulers.

151. A public Treaty attaches to the body of the State and subsists as long as the State exists, unless the period of its duration is expressly limited. A personal Treaty expires with the death of the Sovereign who contracted it.

152. Every Sovereign State has a right to contract public Treaties with foreign States, the constitutional or fundamental laws of the State determining with whom rests the authority of negotiating the same and the conditions for their sanction and authority.

153. A Semi-sovereign State has no right to enter into a public Treaty.

154. When a Treaty is to be concluded by a Minister Plenipotentiary under instructions from his Sovereign or the State, his powers to that effect must be shown to the contracting parties and be recognized by them as in due form.

155. A Treaty negotiated by a Minister Plenipotentiary must be ratified by the Sovereign or State, and is not in force until such Ratification has been notified.

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