i84  THE  CHINESE  EMPIRE
officials.  There  are  no  two  voices  as  to  the  necessity  f°t
this  right  among  those  resident  in  China,  and  the  right  a
been  recognised  by  the  various  Governments  as  supp  Y ir |
the  one  condition  under  which  their  nationals  can  remai
in  that  country.  We  have  now  to  consider  the  apphca  10
of  this  right  by,  and  to,  the  Consul,  the  merchant,  an  1
missionary  ;  and,  as  different  national  laws,  regulation,
and  customs  cannot  be  treated  on  one  common  footing,  e
application  of  extraterritoriality  to  the  American  wi  ^
taken  as  typical  of  all.
The  Consul
We  all  know,  or  think  we  know,  the  ordinary  functions
of  the  ordinary  Consul.  Practically  they  may  be  re  uce
to  three.  He  is  the  commercial  agent  of  his  governmen  ,
and  in  that  capacity  must  study  the  commercial  possi  11  1
for  American  traders  and  manufacturers  in  the  country
which  he  is  accredited,  and  inform  the  nation  by  the  repor
which  he  writes.  He  is  a  notary  public,  certifying  invoice
for  the  U.S.  Customs,  and  attesting  documents
before  him  for  use  in  the  United  States.  Finally  he  is  ttie
adviser  to  Americans  sojourning  abroad,  supplementing
their  ignorance  of  foreign  laws  and  customs,  and  indicating
to  them  the  means  by  which  they  may  be  in  the  position,
as  to  knowledge,  which  they  would  occupy  in  their  own
country.  Coming  to  China  we  find  the  Consul  performing
these  functions,  and  many  more  besides,  all  of  which  ad
to  his  cares  and  his  responsibilities.
First,  by  the  direct  action  of  the  principle  of  extraterri
toriality,  he  is  a  police  magistrate  to  try  offences  committed ­
  by  American  citizens,  civil  judge  for  suits  brought
against  Americans  by  Chinese,  by  other  Americans,  or  by
foreigners  of  other  nationalities,  and  criminal  judge  for  moreserious
  crimes  committed  by  Americans,  even  up  to  murder
in  the  first  degree.  He  is  also  coroner,  probate  judge,  and
registrar  of  deeds.*  From  his  decisions  appeal  is  difficult-His
  judgment  may  be  reviewed  by  the  U.S.  Minister  at
*  See  Appendix  B.