Navy-Board, to the seamen who shall not have received their wages; and such tickets shall be paid in course once a month. British governors, ministers, and consuls, residing at foreign parts, or any two British_merchants, are required to provide for seafaring men and boys, subjects of Great Britain, who shall be in foreign parts by shipwreck, capture, or other unavoidable accidents, or who shall be discharged as unserviceable from the British navy, and subsist them at sixpence per diem each, and send them home as soon as possible in any British ships. The bills of their disbursements, with vouchers, are to be sent to the Navy Board, who are to cause immediate payment. And every master of a ship is to take so many as the said governors, &c. shall direct, not exceeding four to every hundred tons. Such masters to be allowed sixpence per diem, for all such as shall exceed their complement, upon producing a certificate from the governors, &c. of the number taken on board, and making affidavit of the time they were subsisted, and that they did not want of their complement, or how many they did want of their complement, and for what time. No volunteer shall be liable to be taken out of his Majesty's service by any process, except for some criminal matter, unless for a real debt, and unless the plaintiff, or some other person in his behalf, make affidavit that to his knowledge, the sum due to the plaintiff with costs of suit amounts to 201. at least; a memorandum of which oath is to be marked on the back of the writ or process, for which no fee shall be taken; and if any person shall be arrested contrary to the intent of this act, any judge of such court may examine into the same on oath, and discharge such seaman without fees, on proof of his belonging to one of the King's ships, and being arrested contrary to the intent of this act; and may award reasonable costs, for recovery whereof he shall have the same remedy as the plaintiff, if he had judgment. But plaintiffs, upon notice first given in writing to such seaman, or left at his last place of abode, may file a common appearance, so as to entitle them to proceed to judgment and outlawry, and to have an execution thereupon, except against the bodies of such seamen.. Persons employed to receive seamen's wages, prize-money, &c. shall take no more than sixpence in the pound; and if they shall take any more, to forfeit 501. with full costs of suit, to the prosecutor: and if such person belong to any office in the navy, he shall lose his place, and be incapable of holding any place of profit in any such office. All persons in offices belonging to the navy taking fees, contrary to this act, are liable to the same penalty. By the statute 29 Geo. 2. c. 27. the provisions of the above act are extended to officers, seamen, &c. employed on lakes, waters, or rivers, in North America.. OF CONSULS. Of all the commercial institutions established by modern nations, for the protection of the rights and privileges of merchants, masters of ships, and mariners, trading to and residing in each other's dominions, none deserves our attention more than that of the appointment of Consuls, whose office, duties, privileges, and powers, will be the subject of this chapter. It is a high-sounding title; but bears no affinity to that of the Consuls of the ancient Roman Commonwealth, who were supreme magistrates, generals, and legislators: whereas the officer we are now treating of has no jurisdiction beyond the limits of commercial concerns, neither does his authority extend to any per sons who are not the natural-born subjects of the prince from whom he receives his commission. The institution has been found so necessary and useful, that all the maritime powers of Europe have adopted it. Consuls from each reside in the sea-port towns, and, in some instances, in the capitals of the different nations with whom they respectively carry on any considerable commerce. In France, they have likewise a consular office and jurisdiction of an especial nature, being instituted for the internal regulation of trade and commerce in their own ports. But as these have no relation to the general establishment of consuls in foreign countries, I shall refer those, who may have any particular interests in such a detail, to the very long and accurate account of the French JudgeConsuls in Postlethwayte's Universal Dictionary of Trade and Commerce, article Consuls; translated from the French of Mons. Savary, folio, 2 vols. fourth edit. Lond. 1774; and shall proceed to the appointment of British Consuls. Our consuls were originally elected by the British merchants, residing in foreign ports, from amongst their own body; and being recommended by them to the Secretary of State for the department in which the ports were situated, the Secretary laid the recommendation before the King, who confirmed the election, and issued the commission under his sign manual accordingly. This laudable custom was founded upon clear demonstration, that merchants residing upon the spot were the best judges of the commercial interest of their own country, and best able to promote its increase, and to prevent its diminution. But, in process of time, the corruption of court favour and court influence extended itself to this as well as to all other offices held under the crown. Ministers of State established a claim to dispose of all offices of honour and profit, subject to the jurisdiction of their respective departments. Their recommendation, then, whether proceeding from friendship or purchase, was substituted in the place of that of the merchant; and men were appointed from home, who were so far from being qualified, that very often they had not had a commercial education. At present the appointinent lies with the two Secretaries of State for the southern and the northern provinces. The northern Secretary appoints all the consuls residing in the northern kingdoms of Europe, and the southern all those residing in the south. Some of our commercial corporate companies, however, still retain the privilege of appointing their own consuls. One reason assigned for a revolution in the mode of appointing our consuls was, that the office of a consul was incompatible with that of a merchant, and that it was impossible for him to maintain the dignity of his office if he carried on trade upon his own account; for it might induce him to act partially upon many occasions. This is so far true, that consuls ought not to be suffered to trade; for, having salaries annexed to their office, they ought to decline all commercial interest from the time of their appointment; and this rule being observed, the propriety of appointing men who have been brought up in the mercantile line still remains in full force. The French strictly enjoin their consuls in all foreign countries not to carry on any commerce whatever, under penalty of dismission from their office. But the British consuls, contrary to sound policy, are still permitted to trade in all the ports where it is not prohibited, as it ought to be, by the Sovereign of the country. This remark will be justified, when we come to the consideration of the peculiar duties of their station. The admission of a consul to reside and exercise his functions in any part of the dominions of a foreign power depends upon circumstances. Where the right of sending consuls to reside in each other's dominions is expressly stipulated in commercial treaties, subsisting between the crown of Great Britain and the States to whom they are sent, they may object to the person appointed, and by their ambassador make requisition for the appointment of another, assigning proper reasons for their rejection of the first; but they cannot reject the King's commission: whereas those potentates with whom we have no commercial treaties, stipulating the appointment of a consul, may not only refuse the person but the commission itself, without violation of the peace and amity subsisting between the powers so refusing and this country; for the law of nations does not include this appointment; however, it is usual to grant permission. Yet the difference is essential; for the consul, whose residence is founded upon a treaty, may proceed to much greater lengths, in the exercise of his authority, than he who is only admitted by permission; every point, however clear, will be disputed with the latter by the magistracy of the place where he resides, jealous of their own jurisdiction, and they will be supported by their Sovereign and his ministers. This distinction was not noticed in any of our commercial works; and it is only by experience that the Editor of this has been enabled to insert it, the British consuls in the Austrian Netherlands being on sufferance only. And, that we may establish this distinction upon proper authority, here follow the copies of two commissions, the first founded upon treaty, the second on permission only. They were formerly issued in Latin; but, since our language has been perfectly understood in all the courts of Europe, the practice has been disused, and therefore it is unnecessary to give the Latin form, as inserted in former editions of this work. GEORGE, R. I. GEORGE the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. to all and singular to whom these presents shall come, greeting. Whereas it hath been found expedient that some person of known probity be appointed to act as Consul in the town of Alicant, in the kingdom of Spain, and to take care of the commerce of our subjects, who reside or commonly go there to trade; know ye, therefore, that we, entirely confiding in the probity, affection, prudence, and experience, especially in mercantile affairs, of our trusty and faithful subject, Samuel Tucker, Gentleman, have nominated and appointed, and by these presents do nominate and appoint him our Consul in the said town of Alicant, together with all its members and appurtenances; giving and granting unto him full power and commission to aid and protect all our subjects that inhabit or frequent the said town, its territories and jurisdiction, or who do, or who shall carry on a trade, or transact business in those parts, harbour, and coasts; advising and assisting them, agreeable to the articles and treaties of peace and alliance relating to trade, and firmly concluded between the crowns of Great Britain and Spain, and their respective dominions; and to defend our subjects, in case of need, in their trade, goods, and whatever else shall appertain unto them, before all judges and magistrates; and to take cognizance of, determine, and compose all differences, controversies, and litigations, which do or may happen between them; and to defend and preserve them in every thing relating to their right, liberty, and freedom of mutual trade and commerce; and further, to substitute, as he shall think fit, one or more deputies, or Vice-Consuls, to act for him in all and every one of the aforesaid places; and to do all and every thing which may promote the good of our subjects, the increase of mutual friendship between the two kingdoms and people, and the freedom and security of commerce: and further, that he use and enjoy all and every the rights, honours, immunities, liberties, and emoluments, which any other Consul in the aforesaid town did or could of right enjoy. And we earnestly intreat the most serene and potent Catholic King, our brother, and we desire all others whom it may in any wise concern, in a friendly manner, what we strictly enjoin all our subjects by these presents, that they acknowledge and admit the said Samuel Tucker as our Consul in the aforesaid town. In witness whereof, we have caused these our letters to be made 3 H VOL. I. patent, and signed and sealed with our own hand. Given in our Palace at St. James's the eleventh day of December, in the year of our Lord one thousand seven hundred and twenty-eight, and in the second year of our reign. By his Majesty's command, II. GEORGE, R. GEORGE the Third, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. to our trusty and well-beloved Michael Hatton, Esq. greeting. Whereas we have thought fit, for the advancement of trade and commerce in the several ports of Ostend, Nieuport, and Bruges, in the province of Flanders, to constitute a proper person to be our Consul in those ports, who may, as there shall be occasion, countenance and protect our subjects, being merchants there; we, in consideration of the good testimony we have received of your loyalty to us, and of your ability to serve the said merchants, in the execution of the office of Consul in those ports, do, by these presents, constitute and appoint you, the said Michael Hatton, to be our Consul in the said ports of Ostend, Nieuport, and Bruges, together with all their members and dependencies in the said province of Flanders, and over all our subjects who inhabit, frequent, or trade to the said ports, their members or territories; to have, hold, exercise and enjoy the said office of our Consul, by yourself, or your suf ficient deputy or deputies, for and during our pleasure, with all and singular the rights, profits, privileges, and immunities which you yourself have, or any other Consul heretofore hath enjoyed, or which any of our Consuls do or ought to have and enjoy, in any of the dominions of any princes or states where Consuls usually reside; and we do hereby enjoin and require all our subjects dwelling in, frequenting, or trading to the said places or ports, to pay that respect which is do to you as our Consul, and to your deputy. Given at our Court at St. James's the twentieth day of February, 1761, in the first year of our reign. By his Majesty's command, HOLDERNESS. The British Consul has no right to return home, even for a short space of time, without applying for leave of absence to the Secretary of State; which having obtained, he is to appoint a deputy or deputies to take care of the commercial affairs of his nation during his absence: these are no more than temporary deputies, and are generally merchants of the place. But if the Consul, holding some other appointment from the crown, is absent for a considerable length of time, or, being infirm, obtains leave to remain in his native country, the deputy, appointed to reside constantly for him, may be appointed by him; but he must be presented to the Secretary of State, and being approved by him as the sufficient deputy under the commission, he becomes an officer of the crown, takes the title of Vice-Consul, and carries on a correspondence with the public officers, in every respect the same as the Consul: and, though his commission is signed by the Consul, being a copy of his own with the requisite alterations, he has no power to remove the Vice-Consul, so appointed, without the approbation of the Secretary of State. If there are any subordinate deputyships within the jurisdiction of the consulship, it is the Vice-Consul, in this case, who is to appoint persons to act in those stations, not the Consul, who has given up the entire authority he held under the King's com mission. In some countries, as in Portugal, Spain, and Italy, where there is a scarcity of British subjects, it has been customary for the Consul-General to appoint natives of such countries to act as their deputies at inferior ports; but this is an unwarrantable and impolitic practice, founded, like many others, upon avaricious principles in our great men, whose salaries are amply sufficient to enable them to send for deputies from home. A Consul is not, in the literal sense of the word, a public minister; but it is a mistake to assert, that he has no State affairs to transact; for it is expected from him, that he should correspond with the ambassador from his sovereign residing at the court of the prince within whose dominions his consular station lies, and send him information of any transactions, of what nature soever, which may prove detrimental to the political or commercial interests of his King and country. And, in case there is no ambassador or other public minister residing at the said court, he is to transmit his intelligence directly home to the Secretary of State, under whose department he serves. But though the Consul be not a public minister, under the protection of the law of nations, he enjoys some important privileges, annexed to his office, which distinguish him from the private inhabitants of the place where he resides. These, where the Consul is admitted only by permission from the prince or state, are regulated generally by the customary privileges granted to them in the countries where the right of fixing Consuls is founded upon treaties. The principal are, a free entry for his furniture and baggage upon his first establishment-An exemption from the excises, or inland duties on liquors, and other articles of consumption, for himself and family-A seat on the bench with the magistrates of the place, when obliged to appear at their assemblies to act as counsel for the subjects of his nation, in all cases of dispute between them and the natives of the place-An exemption from lodging the military in his house-A guard, when required, to aid and assist him in the maintenance of his authority over the subjects of his own country trading to the port; which, however, does not extend to those who are constantly resident in the place, and who, in all cases, whether civil or criminal, as well as the Consul himself, are subject to the jurisdiction of the countryThe privilege of receiving a polite message from the magistrates, requesting his attendance, when necessary, at their assemblies, instead of a formal summons or citation, which, if he means to support the dignity of his sovereign, he must never obey. There are likewise some trifling personal advantages; but, as they do not affect his office, it is better to leave it to the good sense of the Consul to discover, and use them with discretion, than to mention them as precedents in this place; lest they should be too eagerly contended for, to the detriment of the commercial interests of his country. It appears to be doubtful, whether a Consul, by virtue of his office, is privileged from arrest. From the report of Barbuit's case, Cas. Temp. Talb. 281. it may be gathered, that the opinion of the Lord Chancellor Talbot, who tried the cause, was, that a Consul is not privileged from arrest; but as the question only arose collaterally, it was not expressly determined; this case is observed upon, and the decision approved of by Lord Mansfield, in the case of Triquet v. Bath, 3 Burr. Rep. 1481. At all events, it is quite clear, that one who had been appointed Consul-General, but dismissed from his employment, and another person resident here appointed in his stead, is not privileged from arrest, though at the time of such arrest, he had not received any official notification of his dismissal, or of the appointment of the other person. See the case of Marshall v. Critico, 7 East. Rep. 447. where Lord Ellenborough says, "this is not a privilege of the person, but of the state, which he represents; and that state having divested him of the character in which he claims his privilege, and appointed another person here to exercise it; there is no just reason why the defendant should not be subject |