DIGEST OF OPINIONS OF ATTORNEY GENERAL AND JUDICIAL DECISIONS, OF INTEREST TO CONSULAR OFFICERS.

1. A Consul is not a public minister, nor entitled to the privileges attached to the person of such an officer. (1: 41.)*

2. A Consul is not privileged from legal process by the general law of nations. (1:77.)

3. The master of a vessel belonging to the United States, sold in a foreign country in consequence of her being stranded, is not liable for three months' unearned pay to the seamen under the act of 1803 (2 Stat., 203; R. S., § 4580), for neither justice, policy, nor equity requires an appropriation of the proceeds of a sale for the return of a crew, when the sale was the result of a disastrous providence. (1:148.)

4. Attestation is not essential to the validity of the consular bond. (1:378; see R. S., sec. 1697.)

5. Foreign Consuls and Vice-Consuls are not public ministers within the law of nations or the acts of Congress, but are amenable to the civil jurisdiction of our courts. (1: 406.) See 2 Dallas Rep., 297.

6. But Consuls are bound to appear only in the Federal courts, the Constitution and laws, contemplating the responsibility of Consuls, having provided these tribunals, in exclusion of the State courts, in which they shall answer. (Ibid.)

7. Seamen left behind in a foreign country on account of inability from sickness to return in the vessel in which they went out, are within the provisions of the act of 1803 (2 Stat., 203; R. S., § 4580), and for them the master should deposit with the consul three months' extra pay, as in other cases of voluntary discharge. (1:593.)

8. The three months' pay, over and above the wages due mariners, establishes a necessary connection between the pay so to be advanced to the Consul by the ship-master and the rate of wages then accruing to the seaman. See act 1803 (2 Stat., 203; R. S., §§ 4580, 4582). (2:256.) 9. The policy of the law and the plain intention of Congress were to discourage, as far as it was practicable, the discharge of American seamen in foreign countries. (Ibid.)

10. Consular jurisdiction depends on the general law of nations, existing treaties between the two governments affected by it, and upon the obligatory force and activity of the rule of reciprocity. (2:378.)

11. Where a vessel had been wrecked on the coast of Spain, and the captain, exercising the authority which was vested in him under the circumstances, sold her on account of the underwriters, and discharged the ship's company, held, that the case is not within the act of 1803 (R. S., § 4582), and that, therefore, the Consul of the district of Alicante and Carthagena cannot retain three months' extra wages for the seamen. (2:418.)

The figures refer to the volume and page of "Opinions of the Attorneys-General of the United States," where the opinion will be found at length.

12. The provisions of the act of 1803 (R. S., § 4582), in relation to the extra wages of American seamen, to be paid to the Consul where the ship is sold and her crew discharged in a foreign country, are confined to vessels owned by citizens of the United States and constituting a part of our mercantile marine by sailing under our flag. (Ship-masters and seamen, 2: 448, Berrien, 1831.)

American seamen on foreign vessels must look to the laws of the country under whose flag they sail for remuneration and protection in such emergencies. (Ibid.)

13. The funeral expenses of the deceased Cousul, and the incidental and contingent expenses of the consulate after his death, are a fair item of charge on the fund for the contingent expenses of foreign intercourse, such Consul having been a diplomatic agent. (2:521.)

14. Foreign Consuls are entitled to no immunities beyond those enjoyed by foreigners coming in a private capacity to this country, except that of being sued and prosecuted exclusively in the Federal courts. When

ever a foreign Consul is guilty of illegal or improper conduct, he becomes liable to a revocation of his exequatur, and to be punished according to our laws, or he may be sent back to his own country, at the discretion of our Government. (2:725.)

15. Seamen on board vessels of war are not entitled to pecuniary assistance from Consuls abroad, under the act of 1803. (R. S., § 4577.) (3:683.) The moneys in the hands of the Secretary of State were raised from the wages of merchant seamen only, and should be applied only for the relief of that class of seamen which have contributed to the fund. (Ibid.)

16. Seamen on board of ships of war are not entitled to pecuniary assistance from Consuls under the acts of 1792 (1 Stat.. 256; repealed) and 1803 (2 Stat., 203; R. S., § 4577). (3:685.)

17. If a vessel be compelled, by an overruling necessity, to take refuge in the ports of another country, she is not subject to the municipal law of that country, so far as concerns any penalty, prohibition, tax, or incapacity, that would otherwise be incurred: Provided, she do nothing further to violate the municipal law during her stay. (4:98.)

18. The second section of the act of 1803 (2 Stat., 203; R. S., § 4309) does not require the papers of an American vessel in a foreign port to be delivered to the Consul, except in cases where it is necessary to make an entry at the custom-house. (4:390.)

19. Masters of American vessels entering foreign ports where there is an American Consul, and remaining so long that, by the local regulations, they are required to enter and afterward to clear in regular form, are required to deposit their registers, &c., with such Consul, irrespective of the purpose for which the port was entered. (5:161.)

20. The statute provision for the surrender of deserting seamen applies only to seamen of those governments with which a treaty exists to that effect. (6: 148.)

21. In order that the master of a ship, on her "arrival" in a foreign port, shall be compellable to deposit the ship's papers with the Consul, the arrival must be such a one as involves entry and clearance. (6:163.) 22. Consuls have no authority to order the sale of a ship in a foreign port, either on complaint of the crew or otherwise. (6:617.)

23. If, on such sale, a Consul retains money for the payment of seamen's wages, he acts at his own peril, and is responsible to the owners. (Ibid.) 24. The United States are not responsible in damages for moneys illegally received by Consuls, or for any other act of malfeasance of theirs in office. (Ibid.)

25. A citizen of the United States may lawfully purchase a merchantship of either of the belligerents, Turkey, Russia, Great Britain, France, or Sardinia; and, if purchased bona fide, such ship becomes an American vessel in the sense of American property, although she is not an American vessel in the sense of the registry or enrollment acts; and she is entitled to protection and to the flag of the United States. Although she cannot take out a register, that is because she is foreign-built, not because she is belligerent-built. The question as to what documents such a ship is entitled to, referred to, but not decided. (6:638.)

26. Consuls of the United States have no dawful authority, as such, to solemnize marriages in countries comprehended within the pale of the international public law of Christendom (but see subsequent act, 1860, 12 Stat., 79; R. S.. § 4022); otherwise, in countries not Christian, where, by convention, or in fact where the rights of exterritoriality are possessed by citizens of the United States. (7: 18.)

27. A Consul may be authorized to communicate directly with the government near which he resides, but he does not thereby acquire the diplomatic privileges of a minister. (7:342.)

28. Nor does he, as Consul, acquire such privileges by being appointed, as he may be at the same time chargé d'affaires. (Ibid.)

29. A marriage cannot be solemnized by a Consul of the United States in Germany. (Ibid.)

30. The exterritoriality of foreign Consuls in Turkey and other Mahommedan countries is entirely independent of the fact of diplomatic representation, and is maintained by the difference of law and religion, being but incidental to the fact of the established exterritoriality of Christians in all countries not Christian. (Ibid.)

31. Consuls, as international commercial agents, originated in the colonial municipalities of the Latin Christains in the Levant, which municipalities were self-governing through their "Consuls," the ancient title of municipal magistrates in Italy. (Ibid.)

32. Rights of private exterritoriality having ceased to exist in Christendom, foreign Consuls have ceased, mostly, to be municipal magistrates of their countrymen there; but they still continue not only international agents but also administrative and judicial functionaries of their countrymen in countries outside of Christendom. (Ibid.)

33. Masters of American vessels cannot lawfully discharge seamen in foreign ports without intervention of the Consul. (See R. S., § 4576.) (7:349.)

34. It does not help the matter to allege that the seamen consent, or have misconducted themselves, or are not Americans. Of all that, it is for the Consul to judge. (Ibid.)

35. Masters of American vessels are subject to prosecution in the name of the Consul for omission to deposit with him the papers according to law, but not to indictment. (2 Stat., 203, § 2; R. S., § 4309.) (7:395.)

36. Vice-Consuls are competent to hold Consular Courts in China, when duly appointed or approved as such by the Secretary of State. (See act of February 1, 1876, amending R. S., § 4130.) (7:495.)

37. In virtue of the treaty between the United States and China, all citizens of the United States in China enjoy complete rights of exterritoriality, and are amenable to no authority but that of the United States. (Ibid.)

38. The several Consuls, each in his Consular circumscription, have, by express provision of statute, original jurisdiction in all civil cases of contract, or the like sounding in damages, which arise between two or more citizens of the United States, and in crimes committed by an American. (Ibid.)

39. In such civil matters of contract, or the like sounding in damages, the Consul sits with or without assessors, according to circumstances; and in case of difference of opinion between him and his assessors, an appeal lies to the commissioner. (Ibid.)

40. In all criminal matters, except certain petty misdemeanors, the Consul sits with assessors, and decides subject to appeal as in civil cases to the commissioner; save that in capital cases there is no appeal, but the conviction is invalid unless approved by the commissioner. (Ibid.) 41. In controversies between citizens of the United States and subjects of China, the case is to be tried by the court of the defendant's nation; and so in controversies between citizens of the United States and those of any friendly foreign government. (Ibid.)

42. The Consular Court has no authority by the treaty or the statute to entertain jurisdiction of a suit by the Chinese Government for duties. (Ibid.)

43. In all criminal matters, and in all civil matters of contract, or the like sounding in damages, the commissioner has only appellate jurisdiction. (Ibid.)

44. As to all other matters, such as probate of wills, divorce, intestacy, copartnership, chancery, admiralty, proceedings de re or in rem, personal or prerogative writs, division of lands and the like, the statute makes no specific provision, leaving them to regulations of the commissioner and Consuls. (Ibid.)

45. Citizens of the United States by virtue of the provisions of the treaty of 1830 with the Ottoman Empire (Pub. Trs., 583), enjoy in common with all other Christians the privilege of exterritoriality in Turkey, including Egypt, in the Turkish regencies of Tripoli and Tunis, and in the independent Arabic states of Morocco and Muscat. (7:565.)

46. The face of a banker's circular-letter of credit, found in the possession of an American dying abroad, is not assets to that amount upon which a Consul may charge commissions as administrator. (7:542.)

47. A substitute or Vice-Consul, left in charge of the Consulate during the temporary absence of the Consul, is to be compensated out of the statute emoluments of the office, subject to regulations of the Department. An acting Consul in charge of a Consulate during actual vacancy of the Consulate, is entitled to receive the statute compensation of the office. (7:714.)

48. Shipmasters in foreign ports are subject, on the requisition of the Consul, to take on board and convey to the United States distressed sca

men; but not seamen or other persons accused of crimes, to be transported to the United States for prosecution. (7:722.)

49. Discussion of jurisdiction over acts on board of ships on high seas and in foreign ports. Crimes committed on board ship on the high seas are triable in the country to which the vessel belongs. In port the local authorities have power to enter upon the vessel for purposes of inquiry universally, but for purposes of arrest only in matters within their jurisdiction. The local authorities have jurisdiction over such acts committed on board a foreign merchant-ship while in port as affect the peace of the port only. The nationality of the actors being of the crew or passengers does not alter the case. (8:73.)

50. Merchant-ships are a part of the territory of their country, and are so treated on the high seas, and partially but not wholly so while in the territorial waters of a foreign country. (Ibid.)

51. Crimes committed on board ship on the high seas are triable in the country to which she belongs. (Ibid.)

52. In port, the local authority has jurisdiction of acts committed on board of a foreign merchant-ship while in port, provided those acts affect the peace of the port, but not otherwise; and its jurisdiction does not extend to acts internal to the ship, or occurring on the high seas. (Ibid.) 53. The authority of the ship's country in these cases is not taken away by the fact that the actors are foreigners, provided they be of the crew or passengers of the ship. (Ibid.)

54. The local authority has right to enter on board a foreign merchantman in port for the purpose of inquiry universally, but for the purpose of arrest only in matters within its ascertained jurisdiction. (Ibid.) 55. The estates of foreigners dying in the United States are settled by the local authorities. The Consul of the decedent's country can intervene of right only by way of surveillance and without jurisdiction. (8:98.)

56. Sundry legislative acts of the United States proceed on the assumption that American Consuls, in foreign countries, will collect and remit the assets of deceased Americans. Their authority to do this will depend, of course, on the law of the foreign country; if permitted by that law, and so far as permitted, the Consul may do it, but not otherwise, nor further, unless allowed by treaty. And so it is with respect to foreign Consuls in the States of the Union. (Ibid.)

57. Consuls of the United States, in foreign countries, are required to see to persons charged with the commission of crimes at sea or in port, under circumstances giving jurisdiction to the courts of the United States, and have authority to send home for trial, and, in that view, to inquire into the facts of the alleged crime. (8:380.)

58. But the authority of the Consul in such cases is ministerial, not judicial, in its nature. (Ibid.)

59. If a crime be committed on the high seas, the master may detain the party for trial; on touching at a foreign port the party may apply to the Consul for discharge; and it may be the duty of the Consul either to grant or refuse the discharge; and, in the latter case, he may have occasion to call on the local authorities to aid in detaining the party, or in providing to send him home for trial. (Ibid.)

60. The power of the Consul is to refuse to discharge, or at most to