• A consul is liable for negligence or omission to perform seasonably the duties imposed :upon him, or for any malversation or abuse power, to any injured person, for all dam 'ages occasioned thereby ; and for all inalver 'sation and corrupt conduct in office a consul is liable to indictment, and, on conviction by any court of competent jurisdiction, shall be fined not less than one nor more than ten thou 'sand dollars, and he imprisoned not less than one'nor more than five years. Act of July 20, 1840; c. 23, cl. 18. The act of February 28, 1803, se. 7 and 8, imposes heavy penalties for 'falsely and knowingly certifying that property belonging to foreigners is the property of chi,' mils of the United States, or for granting a passport, or other paper certifying that any alien, knowing him or her to be such, is a• citizen of the United States.
• 6. The duties of consuls residing on the Barbary coast areprescribed by a particular statute. Act of May 1, 1810, s. 4.
Of foreign consuls. Before a. consul can perform any duties in the United States, he must be recognized by the president of the United States, and have received his e.t equatur. .
A consul is clothed only with authority for commercial purposes; and he has a right to interpose claims for the restitution of property belonging to the citizens or subjects of the country he represents, 1 Curt. C. C. 87 ; 1 Mae. .0. C. 14; Bee, Adm. 209; 6 Wheat. 152; 10' id. 66; see 2 Wall. Jr. C. C. 59; but he is not to be considered as a minister or diplo , reatic agent, intrusted by virtue of his office to represent his sovereign in negotiations with foreign states. 3 Wheat. 435.
' 7. Consuls are generally invested with ,special privileges by local laves and usages, international or by compacts ; but by the
. laws of nations they are not entitled to the peculiar immunities of ambassadors. In civil and criminal •cases they are subject, to -the local laws, in the same manner with 'other, 'foreign residents awing 'a temporary alle giance to the state. Wicquefort, .De l'Ani4 bassadeur,liv. 1, 5 • Bynkershoek, cap. 10; 'Marten, Droit 'des • Gens, 4, c. '3, 148.
In the United States, the act of September 24, 1789, s. 13, gives to the supreme court original but not exclusive jurisdiction of all suits in which a consul or vice-consul shall be •a party. The act last cited, section 9, gives to the district courts of the United States jurisdiction exclusively of the courts of the several states of all suits against con suls or vice-consuls, except for offences where whipping exceeding thirty stripes, a fine ex ceeding one hundred dollars, or a term of imprisonment six months, is in flicted. For offences punishable beyond these penalties the circuit court has jurisdiction in the case of consuls. 5 Serg. & R. Penn. 545. See 1 Binn. Penn. 143 ; 2 Dall. Penn. 299 ; 2 Nott & M'C. So. C. 217 ; 3 Pick. Mass. 80 ; 1 Green, N. J. 107 ; 17 Johns. N. Y. 10 ; 6 Wend. N. Y. 327 ; 7 N. Y. 576; 2 Du. N. Y. 656 . 6 Pet. 41 ; 7 id. 276.
.
functions may be suspended at any time by the government to which he is sent, and his exequatur revoked. In general, a consul is not liable personally on a contract made in his official capacity on account of his government. 3 Dall. Penn. 384.
See, generally, ,Kent, Comm. Lect. II.; Abbott, Shipp.; Parsons, Marit. Law; Mar ten, on Consuls ; Worden, on Consuls; Azuni, Mar. Law, pt. 1, c. 4, art. 8, 7 ; Story, Congt.
1654; Sergeant, Const. Law, 225; 7 Opi nions of Atty. Gen.