3. The mere general liberty of trade, such as is ac knowledged at present in Europe, being too vague to se cure to a nation all the advantages that it is necessary it should derive from its commerce, commercial powers have been obliged to have recourse to treaties for their mutual benefit. The number of these treaties is considerably aug mented since the sixteenth century. However they may differ in their conditions, they turn generally on these three points : First, On commerce in time of peace. Second, On the measures to be pursued with respect to commerce and commercial subjects in case of a rupture between the parties. Third, On the commerce of the contracting party that may happen to remain neuter, while the other con tracting party is at war with a third power.
4 With respect to the first point, the custom is : First, To settle, in general, the privileges that the contracting powers grant reciprocally to their subjects. Second, To enter into the particulars of the rights to be enjoyed by their subjects, who shall reside on the territory of the other power, as well with respect to their property (parti cularly in regard to imposts, confiscation, sequesti ation, &c.) as to their personal rights. Particular care is usual ly taken to provide for the free enjoyment of their religion; for their right to the benefit of the laws of their country; for the security of their books of commerce, &c. Third, To mention specifically the kinds of merchandise which are permitted to be imported or exported, and the advan tages to be granted relatively to customs, tonnage, &c.
With respect to the rights and immunities in ease of a rupture between the contracting parties, the great objects to be obtained are : First, an exemption from seizure of the person, or effects, of the subjects residing in the ter ritory of the other contracting power. Second, To fix the time that they shall have to remove with their proper ty out of the territory ; or to point out, Third, The condi tions on which they may be permitted to remain in the ene my's country during the war.
In specifying the rights of commerce to he enjoyed by the neutral power, it is particularly necessary, First, To exempt its vessels from an embargo. Second, To specify the merchandises which are to be accounted contraband of war, and to set le the penalties in case of contravention. Third, To agree on the manner in which vessels shall be searched at sea. Fourth, To stipulate whether neural bottoms are to make neutral goods or not, &c.
5. Sometimes nations permit, either from custom or trea ty, other nations to send consuls into their territories. We
find instances of this as far back as the 12ilt century, when some states began to establish, at home, judges, whose par ticular function it was to decide on matte's purely com mercial, and to whom was given the name of consuls. In process of time, some of the powers stipulated, in their treaties with the Mahometan and Pagan states out of Eu rope, for the right ol sending consuls into those states, to watch over the interests of their subjects trading there, and to judge and determine on differences arising amonst them touching commercial affairs, and sometimes even others. Following these examples, the Christian powers of Europe began, in the fifteenth century, to send consuls into each other's territory ; but even at this day, the custom of receiving them cannot be looked upon as universally es tablished. Besides, the rights of these consuls, where they are admitted, differ very widely in different states. Almost all the consuls, who are sent out of Europe, exercise a pretty extensive jurisdiction over the subjects of their sovereign. In Europe, there arc some places where the consuls exercise a civil jurisdiction, more or less limit ed, over their tellow subjects residing there ; iu ()thus, they can exercise no more than a voluntary jurisdiction ; and in others, their functions arc confined to watch over the commercial interests of the state, particularly the ob servation of the treaties of commerce, and to assist with their advice and interposition those of their nation, whom commercial pursuits or connections have led to the place for which they are named. They assume their functions sometimes in v irtue of credentials, nut oftener by simple letters of provision and letters of recommendation. Al though they are muter the particular protection ol the law olnations, they are far from enjoying the advantages that custom allows to ministers, either as to juristoction, impost, religion, or honours; so that it is oily in a very exten sive sense of the word that they can be called public mi nisters. The greatest part of the consuls out of Europe ap proach much nearer to the rank ill milosteis ; some of them are, indeed, ministers and consuls at the ballle time, Sometimes consuls-general are appointed. These are to officiate for several places at the same tune, or eke tney are placed at the head of several consuls. In other respects their functions, as well as those of thew vice-consuls, tamer but little from those of simple consuls.