Jurisdiction over Suits against Foreign Consuls in the United States

Abstract

B., 1929; J. D., I930, University of Michigan; LL. M., i93i, Harvard University; Camegie Fellow for International Law at :-cole Libre des Sciences Politiques, Paris; member of the Order of the Coif, and of the District of Columbia Bar. 1 general question of the status of foreign consuls in the United States is discussed by Puente, Amenability of Foreign Consuls to Judicial Process in the United States (I928) 77 U. OF PA. L. REV. 447. 2 Caldwell v. Barclay, i Dall. 305 (U. S. I788); i Op. ATr'y GEN. 4I (I794), 406 (I820) ; U. S. CONSULAR REG., I896, P. 27. a Coppell v. Hall, 7 Wall. 542 (U. S. i868) ; Gittings v. Crawford, Fed. Cas. No. 5465 (C. C. Mo. I838); Lorway v. Lousada, Fed. Cas. No. 8517 (D. C. Mass. i866); Sagory v. Wissman, 2 Ben. 240, Fed. Cas. No. I2,2I7 (C. C. S. D. N. Y. i868) ; I OP. Arr'Y GEN. 406 (i820) ; 7 OP. Arr'Y GEN. 367, 384 (I855); Commonwealth v. Kosloff, 5 S. & R. 545 (Pa. i8i6); Clarke v. Cretico, i Taunt. iO6 (i8o8) ; Viveash v. Becker, 3 M. & S. 284 (I8I4). legal status of foreign consuls was well summed up by Attorney General Btutler in i835: A consul is not such a public minister as to be entitled to the privileges appertaining to that character; nor is he under the special protection of the law of nations. He is entitled to privileges to a certain extent, such as for' safe conduct; but he is not entitled to the jus geintium. Vattel thinks that his functions require that he should be independent of the ordinary criminal jurisdiction of the country; and that he ought not to be molested, unless he violate the law of nations by some enormous crime; and that, if guilty of any crime, he ought to be sent home to be punished. But no such immunities have been conferred on consuls by the modern practice of nations; and it may be considered as settled law, that consuls do not enjoy the protection of the laws of nations any more than any other persons who enter the country under a safe conduct. civil and criminal cases, they are equally subject to the laws of the country in which they reside. 2 Op. AT-rY GEN. 725 (i835). The judicial Power shall extend to all Cases in Law and Equity arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made under their authority; to all cases affecting Ambassadors, other public Ministers, and Consuls; In all Cases affecting Ambassadors, other public Ministers, and Consuls, the Supreme Court shall have original jurisdiction. U. S. CONSTITUTION, Art. III, sec. 2.