Page:Encyclopædia Britannica, Ninth Edition, v. 6.djvu/346

316 C IS IS U L shipping or trade. Later on, the need was felt of a safe place of deposit and of an independent jurisdiction. Particular quarters of mercantile cities were assigned to foreign traders, and disputes were decided by officers variously called governors, protectors, ancients, alder men (in the Hanse towns), syndics, jurats, prevosts, capitouls, and e chevins all names borrowed from muni cipal offices. The consul was generally a wholesale dealer, named by the rector and council of the home city. He had power to fine and banish from the quarter. Similar to these were the judge-conservators, elected by British residents in the Portuguese ports. This privilege long cemented the friendly relations of the two nations, and was formally renounced only in 1842. Another singular institution, containing more than the germ of the modern consulate, was : the Cour de la Fonde, whose jurisdiction had supplanted tha old Court of the Reis or Baillis (established by Godfrey de Bouillon at Jerusalem for the benefit of Syrian merchants), and which included a cognizance of all commercial matters, its judges being a mixed body of Franks and Syrians" (Kent s Commentaries, by Abdy, p. 137). The 16th century saw the introduction of foreign consuls, but the earliest treaties of Great Britain with Spain and Turkey ou this subject are dated in 1665 and 1675. The right to establish consuls is now universally recognized by Christian civilized states. Jurists at one time contended that according to international law a right of " extra-territoriality " attached to consuls, their persons and dwellings being sacred, and themselves amenable to local authority only incases of strong suspicion on political grounds. It is now admitted that, apart from treaty, cus torn has establishad very few consular privileges ; that perhaps consuls may be arrested and incarcerated, not merely on criminal charge?, but for civil debt ; and that, if they engage in trade or bacome the owners of immovable property, their persons certainly lose protection. This question of arrest has been frequently raised in Europe : in the case of Barbuit, a tallow-chandler, who from 1717 to 1735 acted as Prussian consul in London, and to whom the exemption conferred by statute on ambassadors was Ii3ld not to apply ; in the case of Cretico, the Turkish cDnsul at London in 1808 ; in the case of Begley, the United States consul at Genoa, arrested in Paris in 1840 ; and in the case of De la Fuente Hermosa, Uruguayan con sul, whom the Cjur Roy ale of Paris in 1812 held liable to arrest for debt. In the same way consuls, unless pro tected by treaty, pay local taxes, although they are generally exempt from general duties on articles of personal consump tion, relief from income tax being often given by treaty. They are exempt from billeting and military service, but are not entitled (except in the Levant, where also freedom from arrest and trial is the rule) to have private chapels in their houses. The exception in favour of the Levant was illustrated in 1853, when the refugee Martin Koszta, who had become United States consul at Smyrna and charge d affaires at Constantinople, was seized by the Turks. This, although a case of suspicion on political grounds, called forth a protest from America, and restitution was made. The right of consuls to exhibit their national arms and flag over the door of the bureau is not disputed. The duty of consuls, under the " General Instructions to British Consuls," is to advise Her Majesty s trading subjects, to quiet their differences, and to conciliate as much as possible the subjects of the two countries. Treaty rights he is to support in a mild and moderate spirit ; and he is to check as far as possible evasions by British traders of the local revenue laws. Besides assisting British subjects who are tried for offences in the local courts, and ascertaining the humanity of their treatment after sentence, he has to consider whether home or foreign law is more appropriate to the case, having regard tu the convenience of witnesses and the time required for decision ; and, where local courts have wrongfully interfered, he puts the Home Government in motion through the consul-general or ambassador. He sends in reports on the export and import trade of the district in which he resides ; and he reports to the secretary of state when a vice-consul is required in any place, generally naming an English merchant. Under the Act 12 and 13 Viet. c. 68, extended by the Consular Marriage Act, 1868, consuls are empowered, on certain notices and declarations being given, to celebrate marriage between persons who have resided one month in the district, one of them being a British subject. They are also empowered by statute to advance for the erection or maintenance of Anglican churches, hospitals, and places of interment sums equal to the amount subscribed for the purpose by the resident British subjects. As the powers and duties of consuls vary with the parti cular commercial interests they have to protect, and the civilization of the state in whose territory they reside, instead of abstract definition, we summarize the provisions on this subject of the British Merchant Shipping Acts. 1 Consuls are bound to send to the Board of Trade such reports or returns on any matter relating to British merchant shipping or seamen as they may think necessary. Where a consul suspects that the shipping or navigation laws are being evaded, he may require the owner or master to produce the log-book or other ship documents (such as the agreement with the seamen, the account of the crew, the certificate of registration) ; he may muster the crew, and order explanations with regard to the documents. Where an offence has been committed on the high seas, or abroad ashore, by British seamen or apprentices, the consul makes inquiry on oath, and may send Lome the offender and witnesses by a British ship, particulars for the Board of Trade being endorsed on the agreement for conveyance. He is also empowered to detain a foreign ship, the master or seamen of which appear to him through their misconduct or want of skill to Lave caused injury to a British vessel, until the necessary application for satisfaction or security be made to the local authorities. Every British mercantile ship, not carrying passengers, on entering a port gives into the custody of the consul to be endorsed by him the seamen s agreement, the indentures, <fcc. ; a failure to do this is reported to the registrar-general of seamen. The following five provisions are also made for the protection of seamen. If a British master engage seamen at a foreign port, the engagement is sanctioned by the consul, acting as a Superintendent of Mercantile Marine Offices. The consul collects the property (including arrears of wages) of British seamen or apprentices dying abroad, and remits to H.M. paymaster-general. He also provides for the subsistence uf seamen who are shipwrecked, discharged, or left behind, even if their service was with foreign merchants ; they are generally sent home in the first British ship that happens to be in want of a complement, and the expenses thus incurred form a charge on the Parliamentary fur.d for the relief of distressed seamen, the consul receiving a commis sion of 2i per cent, on the amount disbursed. Complaints by crews as to the quality and quantity of the provisions on board are investigated by the consul, who enters a statement in the lug-book and reports to the Board of Trade. Money disbursed by consuls on account of the illness or injury of seamen is generally recoverable from the owner. With regard to passenger vessels, the master is bound to give the consul facilities for inspection .and for cuunuunication with passengers, and to exhibit his " master s 1 See also instructions to Conculs prepared by the Board of Trade and approved by the Secretary of State for Foreign AiFairs, 1855, and

Supplementary Instructions, 1868.