built not on contract, but by the day, under the eyes of practised commanders, and embodied the latest experience of all nations; and were the supreme types of their class on the globe. The Constitution was built at Boston by George Cloghorne and Mr. Hartley, at a cost of $302,719, and was launched 20 Sept. 1797. An English officer in 1815 said she was one of the finest frigates, if not the very finest, he ever set foot on. She took part in the war of 1800 with the French in the West Indies, as Commodore Talbot's flag-ship; her first lieutenant was Isaac Hull, by whose seamanship she beat an English frigate several miles in a day's race, and who in a boat from her captured a French privateer at Hayti. In 1803 she went to the Mediterranean as Preble's flag-ship, and took part in the operations against the pirates,-notably the recapture of the Philadelphia (see DECATUR, STEPHEN), and the bombardment of Tripoli August-September 1804. It was while sailing to relieve her that the Chesapeake (q.v.) was so bloodily raided by the Leopard. In 1811, when on an errand to England under Hull, then captain, two English frigates undertook to repeat the Leopard's performance wich her; but Hull outsailed the one and closed with the other, daunting the latter into drawing off, to the great disappointment of the Constitution's crew.

When the War of 1812 broke out Hull started to join the New York squadron with her, 12 July; was cut off by a British squadron, including the Guerrière, but in a wonderful chase of three nights and two days outmanœuvred and escaped it. The Navy Department was exceedingly afraid of an encounter between British ships and its own, was barely shamed out of keeping the latter all in port to prevent their capture, and had instructed Hull not to risk an engagement with a superior force; it had resolved to supersede him by Bainbridge, and had sent him word to remain in Boston till further orders; but he had foreboded some mischief and, 2 August, to avoid receiving undesirable orders, slipped out of Boston with his ship. A high authority says that had his ship been captured or unsuccessful, he would have been hanged or shot for disobedience of orders. Sailing for the Bay of Fundy and the Gulf of St. Lawrence. in hope of prizes, but disappointed, he stood south for Bermuda; but on the 19th, about 100 miles east of Boston came (without recognizing her) upon the Guerrière. Its captain, Dacres, had met Hull before and bet a hat with him as to the results of a mutual fight, and had left the squadron precisely in order to capture in single combat the vessel which had eluded the whole body. The Constitution had 55 guns firing 700 pounds of metal, the Guerrière 49 guns firing 597; the crews were respectively 468 and 263. The frequent statement that the Guerrière was a rotten and worn-out ship is, however, a fiction. After manoeuvering for position, about 5.45 P.M. the Constitution steered straight for the enemy, but reserved her fire; the Guerrière kept up a hot fire, wounding several men; at 40 yards Hull let fly his whole broadside, with the accuracy of American naval gunnery and with fearful destruction. By 6.10 the Guerrière's main yard was shot away and the rigging, sails, and hull badly damaged; just then the mizzenmast was shot through and fell dragging in the sea, acting as a rudder and making the helm useless. The Constitution came

about and raked her hampered foe with two terrible broadsides, and the two shortly met. Both wished to board, but the rolling prevented it; the rigging, however, was filled with sharpshooters who swept the decks, badly wounding several officers of both, including Dacres, and killing one of the Constitution's. At 6.22 the Guerrière's foremast came down and carried the mainmast with it, with all the yards and rigging; and the dismasted wreck rolled in the trough of the sea perfectly helpless. Hull took possession, refusing to accept Dacres' sword, but asking for the hat. The Guerrière had lost 15, killed and 63 wounded; the Constitution, seven killed and seven wounded. The Guerrière was sinking and could not be towed into port;_she was therefore blown up. Hull sailed into Boston with his prisoners, to such an ovation as few men have ever earned in so short a time. In less than 25 minutes of actual fighting he had lifted the despised American navy and nation to an equality with the proudest of the world; and drew from Great Britain such an explosion of rage and humiliation as it has never known before or since.

Hull generously gave up the command, to give a chance to other officers, they being more plentiful than frigates; and the Constitution was made Bainbridge's flag-ship for a cruise against English commerce in the East Indies. On 29 Dec. 1812 it encountered the Java, Capt. Lambert, off the coast of Brazil, and at 2.10 P.M. joined action. The Constitution had 54 guns, with 787 pounds of metal; the Java 47, with 568 pounds. The crews were 480 and 426. One of the fiercest of naval battles ensued for wheel was shot away at the outset, making its nearly two hours, in which the Constitution's navigation difficult, and the English vessel was the better sailer anyway. But the American gunnery was incomparably more intelligent, and improved every opportunity for raking broadsides, while the British did not. As soon as the Constitution came to close quarters, she inflicted ruinous damage and frightful slaughter. The Java's jib-boom and bowsprit were soon shot away, and the running rigging made useless; at 3.05 P.M. the foremast was carried away, shattering the forecastle and main deck, and making several guns inaccessible; soon afterward the maintopmast fell, and in a short time the gaff and spanker boom. Bainbridge had been twice badly wounded, and now Lambert was fatally shot. At 3.30 the Java's fire slackened, and the Constitution poured in broadsides almost unanswered; at 3.55 the former's mizzenmast went; at 4.05 the fire had wholly ceased, half the guns were useless, and the mainmast was tottering and had to be cut away. This closed the action, and the Java struck. She had lost 60 killed and 101 wounded, against the Constitution's 9 killed and 25 wounded. The Java was so utter a ruin that she could only be got into the nearest port (Bahia), and was blown up. The Constitution was taken into Boston for repairs; but before they were completed, Boston was closely blockaded, and she did not escape till New Year's Day 1814, under Capt. Charles Stewart.

In a cruise to the West Indies, Capt. Stewart captured four prizes, with 24 guns and 76 men; one of them was the 14-gun schooner Picton. Again blockaded by a powerful British squad

ron, she did not escape till 17 Dec. 1814. The news that the Constitution was loose again spread consternation among the British merchant service, and vigilance among the naval. Standing toward the Madeiras, on 20 Feb. 1815 Capt. Stewart, about 150 miles northeast of Madeira, encountered two ship-rigged war vessels: the frigate Cyane, 34 guns with 451 pounds to the broadside; and the sloop-of-war Levant, 21 guns with 303 pounds, aggregating 55 guns with 754 pounds. The Constitution had 51 guns with 644 pounds. The two, however, had but 313 crew against the Constitution's 456. The engagement began at 6.05 P.M. For skill and beauty the manœuvres by which Stewart rapidly passed back and forward around and between the ships, raking both with terrific broadsides again and again, and slipping away from them when they had secured raking positions, are unsurpassed in naval history. At 6.50 P.M. the Cyane struck; the Levant temporarily escaped, but was overhauled by the Constitution, and at 10 P.M. surrendered also. The two ships had lost 35 killed and 42 wounded; the Constitution, 4 killed and 10 wounded. Cut off by a powerful British squadron at a neutral port whose neutrality the English treated with utter contempt, the Constitution and Cyane succeeded by fine seamanship in escaping, but the Levant was recaptured. In 1830 she was reported unseaworthy, and condemned to be broken up, but Oliver Wendell Holmes published in the Boston Advertiser his thrilling poem (Old Ironsides,' and the public clamor excited by it saved the noble vessel, which was rebuilt and again put in service in 1833. In 1855 she was laid up at the Portsmouth Navy Yard, but used sometimes as a training-ship; in 1877 was again partially rebuilt, and took her last trip across the Atlantic the next year. In 1897 she was roofed in at the Boston Navy Yard, and has since been used as a barrack ship, etc.

Consult: Hollis, The Frigate Constitution' (1900); Maclay, 'History of the United States Navy, Vol. I. (2d ed. 1898); Henry Adams, "History of the United States, Vol. VI., VII., IX. (1900-1); Roosevelt, 'Naval War of 1812' (1882).

Constitutional Law. See LAW, CONSTITU

TIONAL.

Constitutional Union Party, in United States history, popularly known in its own time as the Bell-Everett party, from the names of its presidential candidates; the name assumed by the remnant of the Southern Whigs in 1860. The Whig party (q.v.), as incongruous a body as ever acted together in politics, had cohered only by ignoring the slavery issue as long as possible. So soon as this became the controlling issue by reason of the Fugitive Slave Law of 1850, it split hopelessly into the Northern and Southern branches. The election of 1852, in which it carried but two Northern and two Border States, and less than one third of the national House, many of those bolting Southerners, was accepted by the whole country as marking its end; but it was not till the crowning blow of the Kansas-Nebraska Bill (q.v.) that the Northern section openly founded the Republican party. The Southern Whigs were divided; part of them joined the Democrats; the remainder would not join the Republicans in opposing slavery, nor yet the Southern Democrats in

the

making it the one touchstone, much less in seiting it above the Union. After attempting to draw a herring across the trail by the antiforeign agitation (see AMERICAN PARTY), in 1860 they doubled back desperately to the old policy of excluding slavery from the platform; but this time appealing to the love of the Union as the bond of unity, and calling on all who loved it to refrain alike from attacking or upholding it, and simply to preserve the status quo of the compromise of 1850. But that compromise had in fact been repealed by its friends, not by its enemies; the Kansas-Nebraska Bill had made a clean slate. On 9 May 1860 this element held a convention at Baltimore; adopted a platform deprecating "geographical and sectional parties," and making it an obligation of both "patriotism and duty" to hold as a sole political principle "the Constitution of the country, the Union of the States, and the enforcement of the laws" (that is, the Fugitive Slave Law); and nominated for President John Bell of Kentucky, and for Vice-President Edward Everett of Massachusetts. The party had only a small scattering vote in the North, where the Republican party satisfied opponents of slavery aggressions, and the sudden rise of that party into enormous proportions frightened the Conservatives into acting with the Democrats. But in the South it was the only refuge left for the Union men and moderates, who would not vote for Breckinridge and the secession Democrats; and it carried the three Border States (q.v.), Kentucky, Tennessee, and Virginia; almost carried Maryland, was but lightly defeated in Arkansas and Delaware; and also came well toward equality in North Carolina, in Florida, and in Louisiana. Indeed, it is surprising how light the majority for the Breckinridge ticket was in general through the South, except in Mississippi and Texas. The party gained 39 electoral votes, and 589,581 popular votes. The loyal element in the War was composed largely of this body of voters. It was represented by the West Virginians, who tore away their entire section from the Old Dominion, by the East Tennesseeans, who made it possible to retain that State, by the Kentucky "neutrals," and by others. But the leaders, so far as they retained political vitality, became Democrats on the Reconstruction issue.

Constitution of Matter. See GASES, KINETIC THEORY OF; MATTER; MOLECULAR THEORY.

Consubstantial, kõn-sŭb-stănʼshal, having the same substance or essence co-essential. When the Arian controversy ran high_in_the Church, and with the view of settling it, Constantine was induced to summon the general council of Nice in 325, the council pronounced in favor of the Athanasian view that the Second Person of the Trinity is homoousios with the Father. To this the corresponding Latin term was consubstantialis. The Greek and Roman Catholic Churches, as well as those of England and Scotland, with the leading Continental Protestant Churches, still adopt this view; thus the second of the Thirty-nine Articles commences, "The Son, which is the Word of the Father, begotten from everlasting of the Father, the very and eternal God and of one substance with the Father." Similarly the Westminster Confession of Faith-the standard

of the proper Presbyterian Churches. teaches that "In the unity of the Godhead there be three persons of one substance." (Ch. ii., § 3.)

Consubstantiation, the doctrine that in the Holy Eucharist the real body and blood of Christ are present and are of the same substance with the bread and wine. The doctrine of Transubstantiation is that when the words of consecration are pronounced by the priest, the bread and wine are substantially changed, into the body and blood of Christ, and consequently cease to exist as bread and wine. The doctrine of Consubstantiation, on the contrary, is that after consecration they continue to exist in their original form, but substantially conjoined with the body and blood of Christ.

This doctrine, generally ascribed to John of Paris, as its earliest advocate, has had few, if any, confessors. The term "Consubstantiation» is often incorrectly used to designate Luther's doctrine of the sacramental conjunction with the bread and wine, which is a very different thing from that of the substantial conjunction. Luther taught that the bread and wine are present in the natural, but the body and blood in a supernatural manner. The presence is not "consubstantial"; for while the elements are masticated, swallowed, digested, etc., the body of Christ, according to Luther's teaching, is present only when the element is received by the communicant, as the words of distribution are repeated, and no longer. The presence of the elements is comprehensible, visible, tangible; that of the body and blood incomprehensible, invisible, mysterious, and inexplicable. The belief that the body and blood of Christ can be received in the same way as the bread and wine, the Lutheran Church designates as "Capernaitic-error," as the people of Capernaum, in John vi. 52, seemed to have had such an impression. Consubstantiation is sometimes

called Impanation.

Consuelo, kôn-sü-a-lō, a novel by Amandine Lucile Aurore Dudevant (George Sand), published in 1842. This and its sequel, 'The Countess of Rudolstadt,' issued the following year, form a continuous romantic narrative, of which the first book is the more famous. While not the most characteristic novel, perhaps, of the great French authoress, Consuelo' is the best known to general readers. It abounds in picturesque and dramatic scenes and incidents, in glowing romance, in the poetry of music, and the musical life.

Consul, the title given to the two chief magistrates of the ancient Roman republic, and to the three supreme magistrates of the first French republic during the last five years of its existence. In present usage the term indicates an official who resides in a foreign seaport or other commercial centre as the representative of his home government, and who is charged with the protection of his fellow-countrymen and the safeguarding of their interests.

The office of consul was created in Rome about 508 B.C., after the expulsion of the kings. The election to the consulship was annual, and only patricians were eligible until the Licinian laws opened the office to the plebeians.

In the history of France the title of consul appears after the fall of the Directory, when three consuls were appointed. The constitution of 13 Dec. 1799 gave to the first of these

In

magistrates the real power, the others having only an advisory voice in the government. Napoleon Bonaparte became first consul. 1802 he was confirmed in the consulship for life, and in 1804 he abolished it by the establishment of the empire. The office of consul in the present signification of the term had its origin in the extensive trade relations of the Italian cities of the 12th century.

ness.

In 1780 the first United States consul was commissioned. The consular system was established by acts of Congress in 1790 and 1792. The consular posts of the United States are arranged by statute in three classes: (1) Those in which the incumbents receive a fixed salary and are not allowed to transact business; (2) those to which a fixed salary is attached, and business transactions permitted; (3) those in which the incumbents are compensated by fees collected in their offices, and are allowed to transact busiThere were in existence, 25 Oct. 1902, 315 consular posts. Among the responsibilities developing upon United States consuls are the and of certificates of births, deaths, and marregulation of shipping, the issuing of passports, riages, the caring for disabled seamen, and the insuring of justice to native-born or naturalized Consuls also send reports American citizens. to the home government concerning foreign In countries where the govtrade conditions. ernment is unstable or despotic, American consuls are vested with exceptional powers. They may exercise judicial functions over lawbreakers of their own nationality, such as fining, committing to prison, etc. Special powers and duties of consuls are determined by treaty. Before entering upon his duties a consul must receive an exequatur from the government to which he is accredited. No radical change has been made in the consular service of the United States since its establishment. President Cleveland by executive order in 1895 applied civil service principles to consular posts of a certain class. Of late there has been considerable agitation in favor of reorganizing the system.

Bibliography.- Schuyler, American Diplomacy and the Furtherance of Commerce'; Straus, "Reform in the Consular Service'; Warden, Origin, Nature, and Progress of Consular

Establishments.'

Consular Service of the United States. The first consul of the United States was appointed 9 Dec. 1780, although the commissioners of the United States in Europe had exercised consular functions in addition to their diplomatic duties prior to that time. Five years afterward Congress declared by a joint resolution that it was expedient that the United States should appoint consuls abroad, and expressly authorized American ministers in Europe to exercise the powers of consuls general in the countries to which they were accredited. The Constitution, adopted in 1787, conferred upon the President the power to nominate, and by and with the advice and consent of the Senate, to appoint consuls. While President Washington in pursuance of the authority given him by the Ĉonstitution, appointed a number of consuls and vice consuls, no detailed law regarding consuls was passed until 14 April 1792. That law, which was to carry into effect our consular treaty with France, did not create or even regulate a consular system, but merely recognized its exist

ence by imposing upon consuls certain specified duties. The act of 1 May 1810 appropriated salaries for the consuls at Algiers, Tangier, Tunis, and Tripoli, which for nearly 30 years were the only consular salaries provided by law. For the most part, the United States, like most other nations, started by appointing unpaid consuls from among American merchants residing abroad, or, if they were sent from America, by permitting them to enter into business as a means of insuring support. Consuls were also allowed to retain as compensation the fees collected for official services performed.

This so-called system was found to work badly for the interests of the government as well as the individual citizen, and as early as 1816, the secretary of state, to whose discretion the administration of the service was left, proposed to Congress to pay fixed salaries to the consuls at more important places, at least. Efforts in this direction were continued from time to time with the object of so providing for the compensation of consuls that they could devote their entire time to their official duties, but nothing was accomplished until 1856, when Congress passed the law in pursuance of which the reorganization of the consular service upon substantially its present basis was effected. The aim of this act was to reduce the service to a regular system somewhat in line with the British consular service by providing for fixed salaries for the principal consuls, prohibiting those consuls from engaging in business, and requiring them to remit to the secretary of the treasury all fees collected by them for performing official services. Since that time, many laws have been passed affecting the consular service, but the greater number of them have been directed to details and have not materially changed the system organized under the act of 1856. During recent years, various attempts have been made to reorganize the consular service by providing fixed salaries for all officers, requiring all fees to be turned into the treasury, and prescribing qualifications for admission to and promotion in the service. All these attempts have so far been unsuccessful. An important step in this direction, however, was taken by President Cleveland in 1895, when he issued an order which is still in effect, requiring the examination, by a board of three persons to be designated by the secretary of state, of applicants for appointment to places in the consular service the salaries of which are more than $1,000 and do not exceed $2,500 a year. The examination is not competitive. Applicants holding, or having held positions under the Department of State of a nature to qualify them for the performance of consular duties are not required to be examined.

Consular officers of the United States are divided into two classes, principal and subordinate. Principal officers are consuls general, consuls, and commercial agents. Subordinate officers are vice consuls general, deputy consuls general, vice consuls, deputy consuls, vice commercial agents, deputy commercial agents, consular agents, and consular clerks. There are also interpreters, marshals of consular courts, and office clerks. Consuls general perform the same duties as consuls, and in addition have general supervision over consuls within the limits of their jurisdiction. Like consuls they are appointed by the President and confirmed by the

Senate. Commercial agents have, under the laws of the United States, the same powers and duties as consuls. The title of the office as representing a distinct grade in the consular service is peculiar to the service of the United States, and usage has established the appointment directly by the President, without confirmation by the Senate. It is usual to ask formal recognition and an exequatur for a commercial agent from the government to which he is accredited as in the case of consuls general and consuls. Vice consular officers fill the places and exercise the functions of consuls general, consuls, and commercial agents when those officers are temporarily absent or relieved from duty. They have no powers when the principal officers are present at their posts. Deputy consular officers are subordinate to, and exercise their powers and perform their duties under, the direction of principal officers. Unlike vice consular officers, they perform their functions when their principals are at their posts as well as when they are absent, but they are not authorized to assume responsible charge of the consular office. Consular agents are subordinate to principal consular officers, exercising their powers and performing their duties at ports or places different from those at which their principals are located. Their functions are not in all respects as extensive as those of principal officers, and they are not authorized to correspond with the Department of State. Vice and deputy consular officers and consular agents do not receive commissions, but are given certificates of appointment signed by the secretary of state. There are 13 consular clerks provided for by law. They are appointed by the President, after examination, and can only be removed for cause, stated in writing, which must be submitted to Congress. They are assigned from time to time to consulates with such duties as the secretary of state may direct. Consular officers qualify by taking a prescribed oath, and all except consular agents and consular clerks are required to file a bond to the United States for the faithful performance of their duties. The salaries of consuls general, consuls, and commercial agents range from $5,000 to $1,000 a year. Consuls receiving salaries of $1,000 a year are permitted to engage in business. There are also a number of unsalaried consuls and commercial agents who are permitted to retain as compensation not more than $2,500 a year from the official fees collected by them and to engage in business. Vice and deputy consular officers receive no fixed salaries. Consular agents receive as compensation one half of the official fees collected by them. Consular clerks receive salaries of $1,000 for the first five years' service, after which their salaries are $1,200 a year. fees for unofficial and notarial work are retained as personal compensation by the officers collecting them. The statement given shows the number of consular officers on 30 November 1903.

All

The duties of consuls of the United States are varied, and include the shipment, discharge, and relief of seamen of American vessels, adjustment of differences between masters and crews; reclamation of deserters; protection of citizens of the United States; settlement of estates of citizens who may die intestate in foreign countries; issuance of bills of health certifying to the sanitary condition of the cargo,

passengers, and crew of vessels clearing from foreign ports for ports in the United States; issuing and viséing of passports; superintending the disinfection of merchandise exported to the United States from a district in which infectious diseases exist; execution of landing certificates; and certification of invoices of merchandise valued at more than $100 exported to the United States. The latter duty is highly important for the protection of the customs revenue, and makes it necessary for consular officers to examine carefully each invoice before certifying that the prices stated therein are correct. In case the merchandise is found to be undervalued, notice of the fact is sent to the collector of customs at the port in the United States to which the merchandise is destined.

*The two offices are usually combined, when practicable.

Consular officers are not permitted to solemnize marriages, but they may, when requested, be official witnesses of the ceremony of marriage where one of the parties is a citizen of the United States. In such cases they give each of the parties a certificate of the marriage, and forward a certificate thereof to the Department of State. Under section 4082 of the Revised Statutes marriages in the presence of a consular officer of the United States in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, are declared to be valid and to have the same effect as if solemnized in the United States, but the operation of this statute outside of the District of Columbia and the Territories is

doubtful.

The exemptions and privileges of consular officers depend largely upon the treaties existing between the United States and the countries to which they are accredited. In the absence of treaties, consuls after receiving their exequaturs are regarded both as officers of the State which appoints and the State which receives them under the special protection of international law. They may claim inviolability of the official property and archives; exemption from military service and service on juries, and the right to place the arms of their government over their doors.

By virtue of treaties and Title XLVII. of the Revised Statutes, consular officers in China, Siam, Turkey, Morocco, Maskat, Persia, Zanzibar, and Tripoli, are invested with judicial powers. In China, Turkey, and Siam, consuls are empowered to arraign and try all citizens of the United States charged with offenses against law, committed in that country, and to sentence offenders. They also have jurisdiction in civil cases between American citizens. In the trial of cases between citizens of the United States and subjects of China or Siam, the consuls of the United States act in conjunction with the Chinese or Siamese officials. In case of disputes between Turkish subjects and citizens of the United States in Turkey, provision is made for the presence of the dragoman of an American consulate at the hearing. The treaties with Persia, Maskat, Morocco, Zanzibar, and Tripoli give consular officers jurisdiction over cases the parties to which are American citizens, and provide for the assistance of consuls in the trial by the foreign tribunal of cases in which one party is a citizen of the United States and the other a subject of the foreign power.

The duties of consular officers with respect to the development of our foreign trade are of comparatively recent origin, but, owing to increased competition among commercial nations, have become of special importance within the past few years. Every consular officer is now expected to have accurate knowledge of the conditions of trade and commerce of the place where he is located, and he is required to keep the Department of State fully informed regarding all matters of interest touching the industries, trade, commerce, and navigation of the country of his official residence. He must be alert and report promptly new markets for American products or manufactures, the construction of public works, changes in transportation rates and facilities, the opening up of new trade routes, changes in economic conditions within his district, improvements of old and development of new industries including inventions or discoveries, development, or decline of commercial and manufacturing centres, projects for great manufacturing or other industrial enterprises, river, and harbor improvements, hygienic, and quarantine measures, fluctuations in rates of wages, changes in tariff legislation, the enactment of patent, trade mark and copyright laws, and legislation preventing the adulteration of food, and all other information of value to the commercial and industrial interests of the United States. The information reported that may be of current interest is printed in a publication known as 'Advance Sheets of Consular Reports,' which has been issued daily since I Jan. 1898. The reports are collected at the end of every month and printed in a periodical monthly, Consular Reports,' established in 1880. More comprehensive reports are prepared annually under special instructions of the Department of State with the object of presenting a statement of the trade, not only of the United States with the rest of the world, but of the various countries with each other, and these reports are published under the title of Commercial Relations. From time to time, at the suggestion of individuals or firms seeking information as to conditions in foreign countries, special reports are obtained from consuls and are printed in separate form.