_The-most-favored-nation_ clause in a commercial or consular treaty
between two powers entitles the consuls of those two countries to all
the privileges that those countries grant to the consuls of other
powers. It is no more than an agreement between Smith and Jones that in
a certain particular they will treat each other as decently as they
treat any of their other neighbors.
_Inviolability of the archives and papers_ of the consulate means that
they cannot be seized or examined by anybody.
_Inviolability of the consular office and dwelling_ secures those places
from invasion even by officers of the law; but it is understood that
they are not to be used as an asylum or place of refuge for fugitives
from the law. If it is known that they are so used it is doubtful if
there are many countries where this would hold.
_Exemption from arrest_ secures to a consul the freedom of a diplomatic
officer, but this is seldom enjoyed in full. Usage inclines to grant
every liberty to a consul consistent with public welfare. He is seldom
exempt from arrest for crime.
_Exemption from obligation to appear as a witness_ “except for defense
of persons accused of crime” is secured in several countries.
_Exemption from taxation_ of personal property is secured in a number of
countries, provided the officer is not a citizen of that country, and
provided also he is not engaged in business.
This first proviso may sound a little strange, yet it is a fact that
Uncle Sam has often jeopardized his reputation for shrewdness by
employing citizens of a country to represent his commercial interests
right in their own home. A study of treaties will show that foreign
governments do not look upon this arrangement with more favor than we
should, hence it is a good practice to abandon.
_Exemption from military billetings and public services_ is granted upon
the same proviso mentioned above.
These are not all the points covered by treaties in reference to the
consular service, but the remainder contemplate his duties rather than
his privileges and may be mentioned, possibly, in the next lecture. Bear
in mind that these privileges do not exist in any country unless it is
so stipulated in a treaty between the United States and that particular
country.