1743. CONSULS, Creation of.—[continued].
A consul is the creature
of a convention altogether; without this he
must be unknown, and his jurisdiction unacknowledged
by the laws of the country in
which he is placed. The will of the sovereign
in most countries can give a jurisdiction by a
simple order. With us, the Confederation admitting
Congress to make treaties with foreign
powers, they can by treaty or convention,
provide for the admission and jurisdiction of
consuls and the Confederation, and whatever
is done under it, being paramount to the laws
of the States, this establishes the power of the
consuls. But without a convention, the laws
of the States cannot take any notice of a
consul, nor permit him to exercise any jurisdiction.—
To William Carmichael. Washington ed. ii, 17.
(P.
1786)
