By George C. Garbesi
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At II4. 92 93 26 HISTORY OF THE CONSULAR OFFICER'S JURISDICTION This problem will be treated elsewhere. 96 A most-favored-nation clause was included. 97 The treaties with France which have been examined were typical of the United States' approach to consular relations with states of the European cultural and legal posture. There was an underlying assumption of legal equality, all rights and duties being reciprocal, and neither party getting a legal advantage not common to both. A French consul had the same authority to deal with matters maritime concerning French interests in the United States as did his American counterpart in France.
138 8 Stat. 382, 448, 556, 564; 9 Stat. 60-61, 154-155; II Stat. I01; 12 Stat. II57-II58. In the convention with the Two Sicilies, the Ianguage was "to judge in the quality of arbitrators," but the rest of the clause was the same. 139 8 Stat. 382, 556, 564; 9 Stat. 154; 12 Stat. II57-II58. 140 8 Stat. 450, 12 Stat. II48-II49. 141 II Stat. 98. 142 8 Stat. 450, II Stat. 98, 12 Stat. 1148-II49. 143 9 Stat. 59. 34 HISTORY OF THE CONSULAR OFFICER'S J URISDICTION Since the placing of maritime matters as fully as possible in the hands of the consul tends to expedite the maritime commerce of his state, or at least places the responsibility for any interference with it upon his state, the grant of this authority would seem to be the grant of a "favor," "privilege," or an "immunity" to the "commerce," or more specifically, the "navigation" of a third state within the purview of this clause.
For example, in r874, an Act was passed authorizing the President to suspend the operation of the extraterritorial regime in Egypt if and when he became satisfied that nationals of the United States would receive treatment in Egyptian courts comparable to that accorded in United States courts. S. 1 82 The most obvious distinction between the treaties conduded with European and related states and those with the Orient al and Arabic states was the lack of mutuality in the latter. The procedure generally followed in negotiating a treaty with a European state was to accord rights on a strict mutuality basis, whether by use of most-favorednation dauses which, because of the treaty pattern of the parties with other states, served the end of mutuality, or by wording each dause so that the rights and obligations thereunder were mutual.