TREATY RIGHTS.
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.