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It is sometimes said, that he may be required in the first instance to pay the duty, but that it can not 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.'
Heffter, $ 204.
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 o. Hand, 2 Washington's U. 8. 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 con. trary, Heffter, 8 204; Vattels Law of Nations, Bk. IV., ch. XVII., $ 82.
6. Consul" defined.
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 hardly 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, (eledes 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., T 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 prin. cipals are located.
Vice-Consuls General, Vice-Consuls and Vice-Commercial Agents are Consular Officers who are substituted tempo rarily 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 Con> sular 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.
By Article 169, the immunities of Consuls would be confined to those 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 I I.
AUTHORIZATION OF CONSULS.
ARTICLE 161. Duty of nations to receive consuls.
162. Exclusion of consuls.
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. 8. 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
Honduras, Feb. 22, 1856, Art. XIX., 7 De Clercq, p. 10.
New Granada, May 15, 1856, XXIII., 7 Id., 102. And other treaties of France.
By this provision, the nations uniting in this Code would 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 should seem proper to reserve the right to a nation receiving con. suls 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. i Convention between the United States and
France, Feb. 23, 1853, Art. V., 10 U. S. Stat. at L., (Tr.,) 114.
VIII., 15 Id., (Tr.) 185.
Austria, Dec. 11, 1866, Art. VII., 9 De Clercq. p. 669.
Portugal, July 11, 1866, IV., 9 Id., 582. o 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.
3 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 appcinting power.
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.
Halleck, Int. Law, p. 242, $ 4; Bluntschli, Droit Int. Cod., S 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.)