A chargé d'affaires missi, that is, a person bearing a letter addressed to the Secretary of State accrediting him as chargé, is looked upon as a permanent envoy of the fourth class, and as such takes precedence over a chargé d'affaires ad interim. Any member of the regular diplomatic personnel of a mission may become chargé d'affaires ad interim upon presentation as such to the Secretary of State by the retiring envoy, or ex officio upon the death or disability of the regular head of the mission.1 The fact that a chief of a foreign mission in one country may at the same time be accredited in the same or another diplomatic capacity to the government of another country does not affect his precedence in either.

The United States follows the rule that, in general, new credentials (maintaining the same rank) do not alter the precedence gained by priority of original reception.2

As the United States has sent no envoy to the Vatican since the Government of the States of the Church ceased to exist, and has since that time received no envoy from the Pope, occasion for the recognition at Washington of honorary precedence to a papal nuncio has not arisen.3

3

$459. Ambassadorial Privileges.

As a consequence of his being the personal representative of his sovereign, or, in the case of a republic, of the whole people of his country, an ambassador is accorded special distinction. Regarded as the equal of the head of the State to which he is accredited, there is asserted in his behalf the right to be treated accordingly. Thus it is declared that the foreign ambassadors at Washington

assert the right, when present at official ceremonies conducted by the Government of the United States, to come next to the President, thus outranking the Secretary of State and other members of the cabinet, and all other officials of government

1 It is also announced in the same communication that "a consular officer, not holding a diplomatic appointment also, may not become a chargé d'affaires ad interim; he can only be made a chargé d'affaires missi by special credentials in that capacity. In neither case would the fact of the chargé's holding a coincident consular appointment affect his precedence as chargé." Communication to Mr. Sampson, Minister to Ecuador, No. 131, Feb. 17, 1900, MS. Inst. Ecuador, II, 22, Moore, Dig., IV, 732.

2 Mr. Bayard, Secy. of State, to Mr. Buck, May 27, 1886, MS. Inst. Peru, XVII, 217, Moore, Dig., IV, 734. Concerning Official Calls, see documents in Moore, Dig., IV, 743-747.

3 Mr. Uhl, Acting Secy. of State, to Mr. Dunbar, Sept. 10, 1894, 198 MS. Dom. Let. 525, Moore, Dig., IV. 735.

AMBASSADORIAL PRIVILEGES

[§ 459

executive, legislative, and judicial. This claim the Department of State in principle concedes except as to the Vice-President. The ambassadors have, as a courtesy, yielded precedence to the Vice-President.1

An American ambassador at his post is said to outrank every other American citizen who may be there, except the President, and to receive in fact "honors similar to those which are due to a Chief of State when he is present." 2

The right of access to the head of the State to which he is accredited, and that without delay, gives to an ambassador the opportunity to exercise his diplomatic functions with a facility not possessed by an officer of lesser rank. Thus in case of national emergency he may be of special usefulness to his own country.3 It may be doubted whether the United States could at the present time adequately conduct its relations with the more important States to which it accredits ambassadors, through the medium of representatives of a lower grade.

1 Statement in Moore, Dig., IV, 740, approved by the Hon. A. A. Adee, Second Assistant Secretary of State. The practice remains unchanged. Respecting the rank of diplomatic representatives, and deploring the use by the United States of the ambassadorial grade, see John W. Foster, The Practice of Diplomacy, 15-33.

2 Charlemagne Tower, Essays Political and Historical, 63.

3 The same writer declares that "the Government has in its ambassador a representative whose position is recognized abroad with the highest distinction; whose communications take precedence of all others in international affairs; who speaks with authority; who must be heard without delay, and through whom the interests of the nation may be immediately and effectively safeguarded or the instructions of the President through the Department of State may be instantly carried out." Id., 66.

PART IV

CONSULS1

TITLE A

§ 460. Classes and Titles.

According to the existing law of the United States the term "consular officer" is deemed to include persons in its service

1 Concerning Consuls see documents in Moore, Dig., V, 2-154; Consular Regulations of the United States (1896); Continuations and amendments thereof, referred to in Augustus E. Ingram's Digest of Circular Instructions to Consular Officers (Jan. 1, 1897, to May 25, 1915); “American Consular Service", Dept. of State, February, 1920.

Bibliography in Bonfils-Fauchille, 7 ed., § 733; bibliography in Clunet, Tables Générales, I, 445-448, 452-457, 874-878; bibliography in Ellery C. Stowell, Le Consul, Paris, 1909, 319-345.

Proceedings of the Institute of International Law, Annuaire, XI, 348-394, XII, 275-281, XIII, 179-194, XV. 272-309, embodying Resolutions adopted Sept. 26, 1896, respecting Consular Immunities.

See, also, generally, Marcello Arduino, Consoli, Consolati e diritto Consolare, Milan, 1908; Bonfils-Fauchille, 7 ed., §§ 733-791; Calvo, 5 ed., III, §§ 13681450, pp. 215-282; Wilbur J. Carr, "The American Consular Service", Am. J., I, 891; A. de Clercq and C. de Vallat, Guides pratiques des consulats, 5 ed., Paris, 1898, Formulaires des chancelleries diplomatiques et consulaires, 7 ed., Paris, 1909; Encyc. Brit., 11 ed., "Consul", VII, 20; John W. Foster, The Practice of Diplomacy, 1906, 216-242; Hall, Higgins' 7 ed., § 105; Foreign Powers and Jurisdiction of the British Crown, 4 ed., Oxford, 1895; Hershey, Int. Law, 51-52, 299-307, with bibliography; Baron A. Heyking, A Practical Guide for Russian Consular Officers, London, 1904; Chester Lloyd Jones, The Consular Service of the United States, 1906; Camille Jordan, "Les Consuls dans les pays paisant partie de la communauté internationale", Rev. Droit Int., 2 ser., VIII, 479 and 717; B. W. von König, Handbuch des deutschen Konsularwesens, 7 ed., Berlin, 1909;, Ernest Lehr, "De l'Organisation et des Attributions du Corps Consulaire des États-Unis d'Amérique", Rev. Droit Int., 2 ser., XIV, 5; Ernest Ludwig, Consular Treaty Rights, Akron, 1913; Malfatti di Monte Tretto, Handbuch des Österreichisch ungarischen Konsularwesens, 2 ed., Vienna, 1904; Manuel diplomatique et consulaire, published under the direction of the Minister of Foreign Affairs of Belgium, 1901-1905; R. Monnet, Manuel diplomatique et consulaire, 3 ed., Paris, 1910; Oppenheim, 2 ed., I, §§ 418-442; Phillimore, II, §§ 243-276, 235-251; Julien Pillaut, Manuel de droit consulaire, Paris, 1910; Eugene Schuyler, American Diplomacy, 1895, 41-104; Georges Salles, L'Institution des Consulats, Paris, 1898; Stockton, Outlines, §§ 102-109; Ellery C. Stowell, Le Consul, Paris, 1909; Consular Cases and Opinions, Washington, 1909; Luigi Testa, Le voci del servizio diplomatico-consolare italiano e straniero, 3 ed., Rome, 1912; Frederick Van Dyne, Our Foreign Service, Rochester, 1909; G. G. Wilson, Chap. VI; Woolsey, 6 ed., §§ 99-100; Ph. Zorn, Die Konsulargesetzgebung des deutschen Reiches, 2 ed., Berlin, 1901.

1

designated as "consuls-general, consuls, vice-consuls, interpreters in consular offices, student interpreters, and consular agents, and none others." There are also inspectors-general of consulates designated and commissioned as consuls-general at large.2 The terms "consul-general" and "consul" are declared to "denote full, principal, and permanent consular officers as distinguished from subordinates and substitutes." 3

The term "consular agents" is said to denote consular officers subordinate to such principals, exercising the powers vested in them and performing the duties prescribed for them by regulation of the President at posts or places different from those at which such principals are located, respectively.*

"Vice-consuls" are said to denote consular officers subordinate to such principal's, exercising and performing the duties within the limits of their consulates at the same or at different points 1 Rev. Stat. § 1674, amended Feb. 5, 1915, Chap. 23, § 6, 38 Stat. 806, U. S. Comp. Stat. 1918, § 3116.

By the Act of Feb. 5, 1915, the offices of vice-consul-general, deputy-consulgeneral, and deputy consul were abolished.

By the Act of April 5, 1906, Chap. 1366, § 3, 34 Stat. 100, "The grade of commercial agent was abolished.

2 Act of April 5, 1906, Chap. 1366, § 4, 34 Stat. 100, U. S. Comp. Stat. 1918, § 3141. It is the duty of these officers to make such inspections of consular offices as the Secretary of State shall direct, and to report to him. Each consular office is to be inspected at least once in every two years. It is also provided that "whenever the President has reason to believe that the business of a consulate or a consulate-general is not being properly conducted and that it is necessary for the public interest, he may authorize any consul-general at large to suspend the consul or consul-general, and administer the office in his stead for a period not exceeding ninety days."

See, also, Circular to American diplomatic officers respecting the recognition of consuls-general at large, Aug. 24, 1906, For. Rel. 1906, I, 6.

"Consuls are of two kinds. They are either specially sent and paid for the administration of their consular office (Consules missi), or they are appointed from individuals, in most cases merchants, residing in the district for which they are to administer the consular office (Consules electi). Consuls of the first kind, who are so-called professional consuls and are always subjects of the sending State, have to devote their whole time to the consular office. Consuls of the second kind, who may or may not be subjects of the sending State, administer the consular office besides following their ordinary callings. Some States, such as France, appoint professional consuls only; most States, however, appoint Consuls of both kinds according to the importance of the consular districts. But there is a general tendency with most States to appoint professional consuls for important districts." Oppenheim, 2 ed., I, § 420. Also Art. I, declaration of the Institute of International Law, respecting consular immunities, Sept. 26, 1896, Annuaire, XV, 304.

Rev. Stats. § 1674, as amended by § 6, Act of Feb. 5, 1915, Chap. 23, 38 Stat. 806.

Id. According to Consular Regulations of the United States (1896), § 20, consular agents are not authorized to correspond with the Department of State, unless through the principal or under exceptional circumstances; they make no returns or reports directly to the Department; and they are not permitted to render accounts or make any drafts for expenditures on the Departments of the Government, unless under express instructions." Moore, Dig., V, 5.