Their rights are to be protected agreeably to the laws of nations, and of the treaties made between the United States and the nation to which they are sent.
A consul is liable for negligence or omis sion to perform seasonably the duties im posed upon him, or for any malversation or abuse of power, to any injured person, for all damages occasioned thereby; and for all malversation and corrupt conduct in office a consul is liable to indictment.
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 emequatur.
A consul is clothed only with authority for commercial purposes ; he has a right to in terpose claims for the restitution of property belonging to the citizens of the country he represents; The Adolph, 1 Curt. 87, Fed. Cas. No. 86; The London Packet, 1 Max. 14, Fed. Cas. No. 8,474 ; Gernon v. Cochran, Bee 209, Fed. Cas. No. 5,368; The Bello Corrunes, 6 Wheat. (U. S.) 152, 5 L. Ed. 229; but he is not to be considered as a minister or diplomatic agent, intrusted by virtue of his office to represent his country in negotia tions with foreign states ; The Anne, 3 Wheat. (U. S.) 435, 4 L. Ed. 428. They do not represent the country, but are subject to the laws of the country where they re side ; U. S. v. Wong Kim Ark, 169 U. S. 678, 18 Sup. Ct. 456, 42 L. Ed. 890.
Consuls are generally invested with spe cial privileges by local laws and usages, or by international compacts; but by the laws of nations they are not entitled to the pe culiar immunities of ambassadors. In civil and criminal cases they are subject to the local laws, in the same manner with other foreign residents owing a temporary allegi ance to the state; 1 Op. Atty. Gen. 45, 302;
Com. v. Kosloff, 5 S. & R. (Pa.) 546; 3 M. & S. 284 ; U. S. v. Ravara, 2 Dall. (U. S.) 297, 1 L. Ed. 388; Hall, Int. L. 289; Wic quefort, Dc l'Ambassadeur, liv. 1, § 5; Byn kershoek, bap. 10; Marten, Droit des Goes, liv. 4, c. 3, § 148.
R. S. § 687, gives to the supreme court original but not exclusive jurisdiction of all suits in which a consul or vice-consul shall be a party. See Mannhardt v. Soderstrom, 1 Binn. (Pa.) 143; State v. De La Foret, 2 N. & M'C. (S. C.) 217 ; Hall v. Young, 3 Pick. (Mass.) 80, 15 Am. Dec. 180 ; Sartori V. Ham ilton, 13 N. J. L. 107; Valarino v. Thompson, 7 N. Y. 576.
His functions may be suspended at any time by the government to which be is sent, and his emequatur revoked. In general, a consul is not liable personally on a contract made in his official capacity on account of his government; Jones v. Le Tombe, 3 Da11. (U. S:) 384, 1 L. Ed. 647. A vice-consul of a foreign nation who possesses an unrevolced ea'equatur issued by the President of the United States, must still be recognized by the courts as the accredited representative of his country and entitled to all its privi leges, although the government which sent him has been overthrown and a revolution ary government established in its place; U. S. v. Trumbull, 48 Fed. 94.
A consul-general is a consul within an act concerning acknowledgments of real estate instruments; Linton v. Ins. Co., 104 Fed. 584, 44 C. C. A. 54.
See CONSULAR COURTS.