which would become disqualifications for a Consul, we must recite the qualifications required for a person to fill that post. In doing so, we will briefly refer to the motives which may have induced Richard III. to appoint Leonardo Strozzi (1485) in preference to an Englishman. The decree by which he was nominated, in Thom. Rymer, Fœd. et Act. R. Angl. T. 5., p. 164, is as follows: "Volentes ipsorum quieti et utilitati quantum possumus providere, ac per experimenta aliarum nationum pro certo scientes oportere inter eos aliquem magistratum peculiarem erigi et creari, cujus judicio et definitioni lites et contentiones, quas inter ipsos subditos nostros mercatores seu alios, dum in illis partibus moram traxerint suboriri contigerit, submitti dabeant-ipsum, Laurentium Strozzi præficimus et ordinamus Consulem et Præsidentem, super factis omnium et singolarum subditorum nostrorum, ad dictam civitatem partesque illic ut præmittitur adjacentes confluentium," etc.

There could have been no other motive for this appointment, than that a person should be delegated Consul who, by his knowledge of the language, mercantile and maritime law of the country he resided in, was by these qualifications competent and able to protect with greater power the commercial interests of England. The inference, however, must not be drawn from this, that an Englishman would not have been much more preferable; but the ignorance of the age did not afford an opportunity of nominating a person having a requisite knowledge of the Italian language. It may be argued, what utility could any one only speaking that living language be to the English merchants trading to Pisa? The sole and conclusive argument is, that from the knowledge the Roman Catholics had of Latin (of which the Strozzi family were accomplished scholars), there cannot be a doubt but that he communicated with the English traders in that tongue. Be it as it may, Richard III. no doubt took into consideration the fact, that, although Leonardo Strozzi might not have been able to understand fluently the language of the English, still he was enabled to comprehend what they required, and, by his knowledge of the customs, law, and dialect of the country he was domiciled in, was competent to promote their best interests. This argument is only adduced to show the necessity of one of the first qualifications of a Consul being a fluent knowledge of the dialect of the country he is sent to, as also an acquaintance with their manners and customs. This is the primâ facie qualification of a Consul; and although the doctrine may be put forth, that almost every nation now has Ministers who correspond in the French language, still there are a very great number of important notifications which are invariably published in the native language, and it may be some days, nay months, before

they are made known to the Consul, and, if so, are rarely communicated to him in the French tongue. Of what use, therefore, is a Consul who is not perfectly conversant with the language of the country he is sent to? And yet, in spite of all this, in order to strengthen the executive Government, Consular appointments were given away to persons who were neither acquainted with the language paramountly necessary for their mission, nor had any knowledge of the laws or customs of the country they were sent to.

The next qualification is, an insight into the laws of the country to which he is nominated.*

The next, and perhaps not less important qualification of a Consul, is, a thorough knowledge of the law of nations, and of the maritime and mercantile laws of his own country, as well as of those others he may be called to adjudicate upon in his official capacity. As these however, are very numerous, we have endeavoured to arrange in an Appendix the most important of these points, in alphabetical order. We have also annexed the Foreign Deserters' Act, and a list of the countries the same is extended to by Order in Council, for the purpose of the British Consul knowing in what state he has a right to demand the arrest of deserters from British merchant vessels; the Act for the Solemnization of Marriages Abroad, all notarial and other forms a Consul may require, and many other Acts and information are appended.

Lastly and not least, a Consul should be able to command himself, so as to have neither prejudice nor leaning on any side, in settling the important disputes he may be called to adjudicate upon; that with a just observance of law and right, he may be able to decide every case with a verdict founded upon justice and equity.

In fact, to sum up all required of him in a single quotation, we

*The following are the official papers of each state in which governmental notifications are made:

Naples (Two Sicilies)... Giornale del Regno delle due Sicilie.

Diario do Governo.

Allgemeine Preussische Zeitung.

Journal de St. Petersburg.

Gazetta Piedmontese.

Portugal

Journal de Constantinople.

Gaceta de Madrid.

Stockholm Aftonbladet.

must recite the Oratio in Pisonem :-" Animo consulem esse oportet, consilio, fide, gravitate, vigilantiâ, curâ toto denique munere consulatûs omni officio tuendo, maximèque id quod vis nominis præscribit reipublicæ consulendo."

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CHAPTER III.

THE DUTIES OF A CONSUL GENERALLY.

T is almost impossible to define the duties of a Consul, so numerous are they, that the only knowledge which might at all aid him in the greatest portion of them, would be a cognoscence of mercantile pursuits and usages, thereby being able to further the mercantile interests of his country in every way. The Consular appointment is in the sole gift of the Secretary of State for Foreign Affairs. It may be hardly necessary to state that the primum officium of a Consul is to transmit his appointment to the highest authorities of the land, either through his Ambassador, or, in his absence, through the Consul-General, or in his absence, direct through the Foreign Secretary of the country he is nominated to. Upon this, if his credentials be in order, an Exequatur or a decree acknowledging him as Consul is issued and promulgated in the official journal of the state; but communicated to the Consul through the same source in which his appointment has been notified. Upon receiving this authority, he is duly authorised as Consul for the country he is sent by.

The most important of his duties consist in his being present, if possible, at the shipwreck of any of his countrymen's vessels, and in seeing that the abuses and plunder on wrecked ships, which generally occur, are not permitted. In commercial disputes he is also, when called upon, bound to exercise his knowledge in settling them with that justice which invariably characterises a British tribunal. Should these disputes arise between the authorities of the country, it is not his duty to forward the grievances direct to the Government, but he must claim restitution through his Ambassador, or Consul-General; or, in their absence, he may then do so direct, without the case be of such importance as to demand previously a reference to his own Government. It is his duty to attend to all suggestions and claims made by his countrymen, and if he considers them founded upon justice and equity, to further them to the utmost of his power. The Consul, however, must be careful that these claims are not contrary to the law of the land in which he resides, as it would be extremely impolitic to

urge any claim against such law, however much right may be on the side of the claimant, as he would not be justified in furthering that claim without direct instructions from his Government, or without he was certain of their support, for it only tends to weaken his authority to do so.

The Consul ought also to make his Government and countrymen acquainted with all notices relating to the allowance or non-allowance of the importation or exportation of any articles, as well as of the erection of lighthouses and beacons, and the laying down of buoys,

etc.

In the absence of the Ambassador or the Consul-General, he has a right to demand an audience of, or address in writing, the Minister of Foreign Affairs, should he have any important case which requires it. In cases of offences committed on the high seas, the authorities of the country cannot interfere, but the Consul must, according to the enormity of the crime, send the prisoner either to the nearest British station in serious cases, together with the witnesses, or in minor ones, punish the offender summarily. It may be as well to state that it is an acknowledged right, founded upon international law, that all offences against the marine laws of the country committed on board any vessel belonging to such nation, when in a foreign port, are considered crimes against the law of the country to which the ship belongs; as the vessel's deck is considered the territory of the country she appertains to. This will not, however, hold good in the case of offences against persons belonging to the state in whose harbour the vessel happens to be anchored, as then it assumes quite a different aspect, for it becomes one against the law of that land, and can be punished accordingly. It is also the Consul's duty to make a survey of the provisions of a vessel on complaint thereof from two or more of the crew, and if he finds they are insufficient, or bad, to notify to the captain in writing that the grievance must be remedied. All matters relating to manufactures, arts, sciences, commerce, and navigation, it is his duty to make his Government acquainted with. These, of course, include all new inventions in agricultural implements, steam navigation, etc.; he must also give notice of, and carefully watch, if any privateers or armed enterprises are fitted out, as these may be of the utmost consequence to the mercantile interests of his country. He will have to take affidavits, and solemnise marriages: it is further requisite that he should be acquainted with all treaties which may have been entered into by his country with other nations, and for this purpose we have annexed a list of all such treaties.

He has a right to issue passports, under such restrictions as the Foreign Office may decree; to extend protests, powers of attorney, and

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do all other notarial acts. On all these heads we have treated in the Appendix.

The Consular jurisdiction in the Levant, and in China, however, require special chapters, as they are much more complicated, and more perfect as regards Consular authority. The most complete Consular convention ever concluded, relating to the duties of Consuls, was that between France and the United States, and followed up by one between the latter and Holland. As the rules laid down therein are very explicit, and ought to be taken as an example by all other nations, we give the treaty in extenso-as it will be of great utility to all Consuls, by showing them what their duties may be, and, in fact, are most likely to become; for we cannot but think that every nation will follow the example of the Consular system of France; and we are only astonished that England ere this has not entered into a similar treaty.

"CONVENTION CONSULAIRE CONCLUE ENTRE LA FRANCE ET LES ETATS UNIS DE l'AMÉRIQUE.

"Napoléon, par la grâce de Dieu et la volonté nationale, Empereur des Français, à tous présens et à venir, salut.

"Sur le rapport de notre ministre Secrétaire d'État au Département des Affaires Étrangères, avons décrété et décrétons ce qui suit:

"Article 1er.-La convention conclue, le 23 Février, 1833, entre la France et les Etats Unis d'Amérique, pour régler les droits, privilèges, et immunités consulaires dans les deux pays, ayant été réciproquement ratifiée, et les actes de ratification ayant été échangés le 11 du mois d'Août de la même année, ladite convention, dont la teneur suit, recevra sa pleine et entière exécution.

CONVENTION.

"Sa Majesté l'Empereur des Français et le Président des Etats Unis d'Amérique, également désireux de resserrer les liens d'amitié entre les deux nations, et d'assurer aux relations de commerce établies entre elles un nouveau et plus ample développement, ont jugé à propos pour atteindre ce but, de conclure une convention spéciale qui déterminât d'une manière précise et réciproque les droits, privilèges, et devoirs des Consuls des deux pays. A cet effet, ils ont nommé : Sa Majesté l'Empereur des Français, M. le Comte de Sartiges, Commandeur de l'ordre impérial de la Légion d'Honneur, et son Envoyé Extraordinaire et Ministre plénipotentiaire à Washington.

"Le Président des Etats Unis, l'honorable M. Edouard Everett, Secrétaire d'Etat des Etats Unis.

"Lesquels, après s'être communiqué leurs pleins pouvoirs, trouvés en bonne et due forme, sont convenus des articles suivants :

"Article 1er.-Les Consuls-Généraux, Consuls, et Vice-Consuls, ou