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law were radically different from their own. The ships of foreign merchants were held to be navigated under the jurisdiction of the nation whose flag they carried; and the general practice was for vessels engaged in long sea voyages, some of which occupied a period of not less than three years, to have on board a magistrate, whose duty it was to administer the law of the country of the flag among all on board, not merely while the vessel was on the high seas, but while she was in a foreign port, loading or unloading cargo. This magistrate was termed the alderman in the ports of the North and Baltic seas, while in the Mediterranean ports he was designated by the familiar name of consul, and was the precursor of the resident commercial consul, who continues in the present day to exercise within merchant ships of his nationality, notwithstanding they are within the territorial jurisdiction of another state, a portion of the personal jurisdiction formerly exercised by the ship's consul. The exercise of this consular jurisdiction requires no fiction of exterritoriality to support it. Its limits are either regulated by commercial treaties, or, where it has originated in charter privileges, it is now held to rest upon custom.
"The institution had become fully established, in much the same form as it now exists, at the end of the twelfth century, at which time Venice was represented in the East by consuls at Constantinople, Aleppo, Jerusalem, and Alexandria. The Eastern Empire maintained a consul at Marseilles, and foreign consulates had been long established and recognized at the port of Barcelona in Spain. These early consuls performed many of the duties of modern ambassadors and had something of their inviolable character. As
a result of the general establishment of permanent missions in Europe in the seventeenth century, an important change was made in the consular function in all the states of the West. The diplomatic duties were transferred to the class of public ministers, to whom the character of inviolability was attached; and there remained to the consuls a class of duties of a commercial character, closely resembling those which they now perform. In the Levant, however, where no permanent missions were established, consuls continued to enjoy their powers and privileges; these, to a great extent, they still retain.”
There are a number of different grades in the consular service.
"The United States differentiates the consular service more fully than most states, having the following: Consuls-general, vice-consuls-general, deputy consuls-general, consuls, vice-consuls, deputy consuls, commercial agents, vice-commercial agents, consular agents, consular clerks, interpreters, marshals, and clerks. The term 'consular officer,' however, includes only consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents. The full officers are consulsgeneral, consuls, and commercial agents. The viceconsular officers are 'substitute consular officers,' and the deputy consuls-general, deputy consuls, and consular agents are 'subordinate consular officers.'
"Consuls-general ordinarily have a supervisory jurisdiction of the consuls within the neighborhood of their consulate, though, sometimes, they have no supervisory jurisdiction. This is often exercised by the diplomatic agent accredited to the same state.
"Most states have consuls-general, consuls, vice
consuls, consular agents; sometimes also, consular students.""
Consuls do not have the privileges and immunities of ambassadors or other public ministers and are subject to the civil and criminal jurisdiction of the countries to which they are sent (except in the cases of consuls in Asiatic countries). a consul is sent, however, has no right to interfere with him in the exercise of his consular duties.
A country to whom
SECTION 40. TREATIES.
A treaty is an agreement or contract made between two or more sovereign states. Treaties are made by the executive department of the government. In the United States, before a treaty becomes effective, it must be ratified by the upper branch of the legislative department. Either party to a treaty has the power, if not the right, to rescind a treaty at any time. The only means of redress open to the injured party in such a case is by a declaration of war.
"Treaties have been variously classified, but the classifications serve no great purpose. The most common classification is clearly set forth by Calvo. As regards form, treaties may be, (1) transitory, or (2) permanent or perpetual; as regards nature, (1) personal, relating to the sovereign, or (2) real, relating to things and not dependent on the sovereign personal; as regards effects, (1) equal, or (2) unequal, or according to other effects simple or conditional, definitive or preliminary, principal or accessory, etc.; as regards objects, (1) general, or (2) special. In a narrower sense treaties may be divided into many classes, as
Wilson and Tucker on Inter
national Law, Sec. 80.
political, economic, guarantee, surety, neutrality, alliance, friendship, boundary, cession, exchange, jurisdiction, extradition, commerce, navigation, peace, etc., and conventions relating to property of various kinds, including literary and artistic, to post and telegraph, etc. Most of these classes are sufficiently described by their titles." "
SECTION 41. OTHER FORMS OF INTERNATIONAL AGREEMENTS.
Other forms of international agreements are the following:
(a) A protocol, which is either in the form of official minutes, giving conclusions of an international conference, and signed at the end of each session by the negotiators, or a preliminary draft of an agreement to be afterwards reduced into the form of a treaty.
(b) Cartels, which are agreements between belligerents regulating intercourse during war
(d) Memoranda, and
Wilson and Tucker on Interna
tional Law, Sec. 85
SECTION 42. DEFINITION.
War is the state in which a nation maintains what it believes, or claims, to be its rights by force.
SECTION 43. CLASSIFICATION OF WARS.
"Wars are classified according to the point of view from which they are examined or discussed. They are classified according to their causes into wars of opinion, religious wars, wars of independence, of conquest, or subjugation. In a military sense they are offensive, or defensive. In a political sense they are classified into external and internal wars. Internal wars are further subdivided into, 1st, Civil Wars, in which the belligerent parties are distributed over a large part of the territory of a state, the object being to secure a change of government or laws, but not at the expense of national unity; 2nd, Rebellions or Insurrections, in which a portion of the population of a state rises against the central government, sometimes with the design of securing a separation from it, sometimes with a view to resist the execution of harsh or oppressive laws, or measures of administration." 1
SECTION 44. CIVIL WARS.
A nation may use all the methods permissible in a war against a foreign power, in putting down a rebellion on the part of a portion of its own subjects. 1 Davis on International Law, page 274.