consul

consul,

title of the two chief magistrates of ancient Rome. The institution is supposed to have arisen with the expulsion of the kings, traditionally in 510 B.C., and it was well established by the early 4th cent. B.C. The consuls led the troops, controlled the treasury, and were supreme in the government. At first only patricians were eligible, but in 367 B.C. the Licinian law opened the office to plebeians. Before becoming consul a man generally had to have experience as quaestor, aedile, and praetor, and the minimum age for a consul was normally set at 40 or 45. Ex-consuls became provincial governors as proconsuls. The year was identified by the names of the two consuls in office during that time. Under the empire the title of consul was continued, but only as a title of honor, sometimes conferred on infants or small boys.

Consul

(1) In ancient Rome, one of the highest magistrates. There were two consuls elected for one year each in the comitia centuriata. A collegium of two consuls was established, according to classical tradition, after the banishment of King Tarquinius Superbus (510–509 B.C.) At first only patricians were elected as consuls; as a result of a struggle between the plebeians and the patricians from 367 to 366 B.C., access was also extended to the plebeians. The consuls had the highest civil and military power: they assembled troops of two legions each and led them, convened and presided over the Senate and the comitia, appointed dictators, and carried out the auspicia. From 367–366 B.C. their power to initiate court trials was transferred to their junior colleagues, the praetors. When the consuls were in disagreement, a decision was made by casting lots. In emergency situations the Senate conferred on the consuls unlimited authority. Their assistants were the quaestors. The marks of distinction of a consul were a toga with a wide purple border, a canopy chair with inlaid ivory, and the procession of 12 lictors who preceded them carrying fasces. During the imperial period the consuls lost real power, and the post became an honorary title. The number of consuls was increased at the will of the emperors.

I. L. MAIAK

(2) An official appointed as a permanent representative in another state for the fulfillment of certain missions and functions. The heads of consular institutions are divided into four classes according to the class of the consulate they supervise: consul general, consul, vice-consul, and consular agent. The state appointing a consul supplies him with a consular patent as identification. The patent gives his name, his class, his consular district, and the location of the consulate. The consul is permitted to carry out his functions through permission (an exequatur) granted by the host state. (The exequatur may take the form of a separate document or it may be a resolution on the consular patent.)

Both the appointment of consuls and their admittance by foreign states are carried out by each state in accordance with its domestic legislation. (In the USSR the appointment of consuls of all ranks is done by the Ministry of Foreign Affairs of the USSR.) The missions and functions of the consul are determined by the laws of the state appointing him, by valid consular conventions, and by other agreements. The consul enjoys certain rights and privileges, personal immunity, and immunity from the jurisdiction of the state of residence. Consuls do not have to pay customs duties or personal taxes and are freed from other personal duties.

The rights and obligations of consuls of the USSR are defined in the Consular Statute of the USSR of 1926 and by agreements on consular matters concluded by the USSR.

The missions of consuls and consular insitutions of the USSR are to protect and defend the economic and legal interests of the USSR and Union republics as well as juridical persons and citizens of the USSR. The consul is responsible for citizens of the USSR abroad; he issues visas and passports, keeps citizenship papers, witnesses documents, and performs notarial functions. The consul is obliged to provide necessary information to the commanders of Soviet naval vessels and to assist in supplying such vessels. He registers the arrival and departure of commercial vessels of the USSR, receives the reports of captains, and composes naval protests. (He performs the same functions for Soviet aircraft and their crews.) In his actions, the consul is guided by the laws of the USSR, by directives of the Soviet government, and by valid international conventions and agreements, as well as by international customs.

REFERENCE

Blishchenko, I. P., and V. N. Durdenevskii. Diplomaticheskoe i konsul’skoe pravo. Moscow, 1962.

I. K. GORODETSKAIA

consul

1. an official appointed by a sovereign state to protect its commercial interests and aid its citizens in a foreign city 2. (in ancient Rome) either of two annually elected magistrates who jointly exercised the highest authority in the republic 3. (in France from 1799 to 1804) any of the three chief magistrates of the First Republic

Consul

(language)A constraint-based anguagewith Lisp-like syntax.

["Consul: A Parallel Constraint Language", D. Baldwin, IEEESoftware 6(4):62-71].

Consul

Related to Consul: consular, ETCD

CONSUL, government, commerce. Consuls are commercial agent's appointed by a government to reside in the seaports of a foreign country, and commissioned to watch over the commercial rights and privileges of the nation deputing them. A vice-consul is one acting in the place of a consul.
2. Consuls have been greatly multiplied. Their duties and privileges are now generally limited, defined and secured by commercial treaties, or by the laws of the countries they represent. As a general rule, it may be laid down that they represent the subjects or citizens of their own nation, not otherwise represented. Bee, R. 209 3 Wheat. R. 435; 6. Wheat. R., 152; 10 Wheat. 66; 1 Mason's R. 14.
3. This subject will be considered by a view, first, of the appointment, duties, powers, rights, and liabilities of American consuls; and secondly, of the recognition, duties, rights, and liabilities of foreign consuls.
4.-1. Of American consuls. First. The president authorized by the Constitution of the United States, art. 2, s. 2, el. 3, to nominate, and, by and with the advice and consent of the senate, appoint consuls.
5.-Secondly. Each consul and vice-consul is required, before he enters on the execution of his office, to give bond, with such sureties as shall be approved by the secretary of state, in a sum not less than two thousand nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office, and also for truly accounting for all moneys, goods and effects which may come into his possession by virtue of the act of 14th April, 1792, which bond is to be lodged in the office of the secretary of State. Act of April 14, 1792, sect. 6.
6.-Thirdly. They have the power and are required to perform many duties in relation to the commerce of the United States and towards masters of ships, mariners, and other citizens of the United States; among these are the authority to receive protests or declarations which captains, masters, crews, passengers, merchants, and others make relating to American commerce; they are required to administer on the estate of American citizens, dying within their consulate, and leaving no legal representatives, when the laws of the country permit it; [see 2 Curt. Ecc. R. 241] to take charge and secure the effects of stranded American vessels in the absence of the master, owner or consignee; to settle disputes between masters of vessels and the mariners; to provide for destitute seamen within their consulate, and send them to the United States, at the public expense. See Act of 14th April, 1792; Act of 28th February, 1803, ch. 62; Act of 20th July, 1840, Ch. 23. The consuls are also authorized to make certificates of certain facts in certain cases, which receive faith and credit in the courts of the United States. But those consular certificates are not to be received in evidence, unless they are given in the performance of a consular function; 2 Cranch, R. 187; Paine, R. 594; 2 Wash. C. C. R. 478; 1 Litt. R. 71; nor are they evidence, between persons not parties or privies to the transaction, of any fact, unless, either expressly or impliedly, made so by statute. 2 Sumn. R. 355.
7.-Fourthly. Their rights are to be protected agreeably to the laws of nations, and of the treaties made between the nation to which they are sent, and the United States. They are entitled, by the act of 14th April, 1792, s. 4, to receive certain fees, which are there enumerated. And the consuls in certain places, as London, Paris, and the Barbary states, receive, besides, a salary.
8.-Fifthly. A consul is liable for negligence or omission to perform, seasonably, the duties imposed 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, and, on conviction by any court of competent jurisdiction, shall be fined not less than one, nor more than ten thousand dollars; and be imprisoned not less than one nor more than five years. Act of July 20, 1840, ch. 23, cl. 18. The act of February 28, 1803, ss. 7 and 8, imposes heavy penalties for falsely and knowingly certifying that property belonging to foreigners is the property of citizens of the United States; or for granting a passport, or other paper, certifying that any alien, knowing him or her to be such, is a citizen of the United States.
9. The duties of consuls residing on the Barbary coast are prescribed by a particular statute. Act of May 1, 1810, S. 4.
10.-2. Of foreign consuls. First. 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 exequatur. (q.v.)
11.-Secondly. A consul is clothed only with authority for commercial purposes, and he has a right to interpose claims for the restitution of property belonging to the citizens or subjects of the country he represents; 10 Wheat. R. 66; 1 Mason R. 14; See, R. 209; 6 Wheat. R. 152; but he is not to be considered as a minister or diplomatic Agent, entrusted by virtue of his office to represent his sovereign in negotiations with foreign states. 3 Wheat, R. 435.
12.-Thirdly. Consuls are generally invested with special privileges by local laws and usages, or by international compact; but by the laws of nations they are not entitled to the peculiar 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 allegiance to the state. Wicquefort, De l'Ambassadeur, liv. 1, Sec. 5; Bynk. cap. 10 Martens, Droit des Gens, liv. 4, c. 3, Sec. 148. In the United States, the act of September 24th, 1789, s. 13 gives to the supreme court original, but not exclusive jurisdiction of all suits in which a consul or vice-consul shall be a party. The act last cited, section 9, gives to the district courts of the United States, jurisdiction exclusively of the courts of the several states, of all suits against consuls or vice-consuls, except for offences where whipping exceeding thirty stripes, a fine exceeding one hundred dollars, or a term of imprisonment exceeding six months, is inflicted. For offences punishable beyond these penalties, the circuit has jurisdiction in the case of consuls. 5 S. & R. 545. See 1 Binn. 143; 2 Dall. 299; 2 N. & M. 217; 3 Pick. R. 80; 1 Green, R. 107; 17 Johns. 10; 6 Pet. R. 41; 7 Pet. R. 276; 6 Wend. 327.
13.-Fourthly. His functions may be suspended at any time by the government to which he is sent, and his exequatur revoked. In general, a consul is not liable, personally, on a contract made in his official capacity on account of his government. 3 Dall. 384.
14. During the middle ages, the term consul was sometimes applied to ordinary judges; and, in the Levant, maritime judges are yet called consuls. 1 Boul. Paty, Dr. Mar. Tit. Prel. s. 2, p. 57.
15. Among the Romans, consuls were chief magistrates who were annually elected by the people, and were invested with powers and functions similar to those of kings. See, generally, Abbott on Ship. 210; 2 Bro. Civ. Law, 503; Merl. Repert. h.t.; Ayl. Pand. 160; Warden on Consuls; Marten on Consuls; Borel, de l'Origine, et des Fonctions des Consuls; Rawle on the Const. 222, 223; Story on the Const. Sec. 1654 Serg. Const. Law, 225; Azuni, Mar. Law, part 1, c. 4, art. 8, Sec. 7.

consul

consul

con·sul

consul

con•sul

consul

consul

consul

consul,

Consul

REFERENCE

consul

Consul

Consul

CONSUL

consul

Words related to consul

noun a diplomat appointed by a government to protect its commercial interests and help its citizens in a foreign country

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