1746. CONSULS, Law of Nations and.—
The law of nations does not of itself extend
to consuls at all. They are not of the diplomatic
class of characters, to which alone that
law extends of right. Convention, indeed,
may give it to them, and sometimes has done
so; but in that case, the convention can be
produced. In ours with France, it is expressly
declared that consuls shall not have
the privileges of that law, and we have no
convention with any other nation. * * *
Independently of law, consuls are to be considered
as distinguished foreigners, dignified
by a commission from their sovereign, and
specially recommended by him to the respect
of the nation with whom they reside. They
are subject to the laws of the land, indeed,
precisely as other foreigners are, a convention,
where there is one, making a part of the laws
of the land; but if at any time, their conduct
should render it necessary to assert the authority
of the laws over them, the rigor of
those laws should be tempered by our respect
for their sovereign, as far as the case will admit.
This moderate and respectful treatment
towards foreign consuls, it is my duty to
recommend and press on our citizens, because
I ask it for their good towards our
own consuls, from the people with whom they
reside.—
To T. Newton. Washington ed. iii, 295.
(1791)
