The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-22

IN1NG, DECEMDEh ~,
powers and duties Of the consular Office These should
no longnr be left to the discretion OF the consuls them
selvOs regulated by rule whatever except what they
may deem resulting from tho nature Of their appoint
Congress would not tolerate that any important
officer within the Uaitod States for example, collector
of the customs-should exercise such discretion How
much necessary hen that cass Of public agents
whose geld Of duty lies beyond the limits OF the United
conduct must ma srally ssot the interests Of our TO-
reign commerce. and may, uudsr peculiar circumstau.
even endanger the peace OF the country, should
have their powers and duties defined in clear and
plicit manner.
WITH PoRkIaN NATIONS
In the middle ages consu!s exercised extensive civil
and criminal Jurisdiction at the places where they
countries This practice has long since ceased except
In regard Mahommedan and other nations occupying
similar poson towards Snrissndom Ch hn;" psW
and subjects could not suffer them to be tried and
punished crimes AMI offences in the summary manner
against foreigners BY treaties therefore with the
sublime Porte and tho Emperor Of China these
ciezens As substitute for this jurisdiction it is pro-
vded in the fourth article of treaty with the sultan
that o noes committed by American citizens in Turkey
shall be tried by their minister CONSUL and punished
according their offence, following 10 this respect the
usage observed towards the other Franks" And under
hs als article of recent treaty with China, cii
OF the United Staies who may comrn any crime in
China shall be subject to be tried and punished only by
states according to the of the United States And
In the Of all controversy and disasc-
ton, justice shall be equally and impartiaiy administer
cd GU both sides"
Good faith thus requires that Congress should provide
for the trial and punishment Of crimes and ohenc - when
Sultan and the Emperor Of China. Having surrendered
this sovereign power to the United states solemn
engagement part that 1t shall be faithfully
ted the Turkish and Chinese governments have right
expect Congress shall provide for the performances
of this obligation. THERE'S urgent necessity that this
should be done mm sdaisy At present these stipuls
tions dead letter; because 10 not presumed that
any consul OF United states, resident ia those
tries would undertake try, convict and punish
citze ps for offences committed there. Should hagran
crime be psrpera,ed upon TUX or Chinese by any OF
log to the acquisitions Of tho treaty this might disturb
not destroy, friendly relations and do great injury
to our commerce Accustomed as they to summary
justice they could not be made to understand why cr
mnals who are citizens of the United States, should
whist the punishment Of Turk Chinese, who had
committed any crime against an American citizen, would
Under exlsting treaties with Tripol Tunis Morocco,
and Muscat all disputes between citizens Of the United
States these countries arc to be decided by the
consult and in the three former whenever he shall
quire any aid to enforce his decisions, be immeoi'
a,ely granted by the government of the country.
Under treaties with Sweden Prussia, Russia, Ham
over and Portugal our consu have the right to sit a.
Judges and arbisors in such differences as may arse
the captains and crews Of American vessels in
The mode in which thes Judicial powers shall be OK.
been prescribed by Congress.
EIrxspIrunG BY cossuLs yoR THE RELIEF DESTITUTE
| AMERICAN sEAMEr IN FoREIGN couNrRIEs.
Among duties prescribed to consuls by law,
there worthy Of immediate confederation. These
officers the agents Of the Government to afford
lief to destitute American seamen In foreign countries,
and to dburss the money for this purpose. As com.
pensaon this trouble they allowed Ave per cent
4 ON the amount Of their expenditure
The amount appropriated for this purpose has of late
years rapidly increased being nov $4,000 per annum,
nearly double what wa. in Is 10 AID or several years
prialed. wide table attached TO this Icport This
has been much greater than can be accounted for
by he extension rapid as this has been Of tue foreign
commerce Of country. One great cause oil it may
undoubtedly be found in that provision Of the act a
proved July 2oh 1870 which authorizes colsuls when
they deem It expedient to discharge seamen in foreign
pors upon the joint application OF the master Of the
sci end the sesmen, without requiring the payment Of
OF the 2sh OF February, 1903, or aoy other sum of
money" Although the bill under consideration con
ans several siuaIy enactments TO prevent the abuse
oil this power by consuIs yet it respectfully submit
ted in this particular tbs act of July 2oh oA0 should
| be sltogethe repealed.
| seamen as class are thoughtess and improvident
whilst their services are essential both to our CONNER
aal marine and to our navy When the master Of yes
sell employs them on foreign voyage is but fair that
he should spulate for their safe return On him. and
not upon the government ought to devolye the charge
OF bringing them back to their country The act Of the
2sth February 1903. supplementary TO the act con.
corning con.us and vice consus and for the further
protection Of American sssmen," enforced the pertor
nance of this duty Under its provisions every master
Of vessel bound to foreign country, before he can
obtain his clearance must exhibit to the collector OF the
port from which Is about TO SAIL list Of the
verified under oath. This original list 10 to remain with
the collector but certified copy thereof IL to be deli
enter into bond with sufficient security in the of
tour hundred dollars under the condition that be shall
exhibit this copy OF list Of his 10 the hrst board
ing officer the first port in United States which
he shall arrive on his return thereto and then and there
also psoaaSs the person; named inessn 70 the sad
men with such list and to report the same to the colec
In order to relieve himself from his bond the master
must, on his return to the United States produce the
named in the list 10 the boarding ocer unless
~ four excepted cases. These are:--
LIST wnep a seaman las been discharged In fsreigr
country, with the onsent OF the consul, vice consul
commsrca agent vice commercial agent there resid
ing guihed IN writing under his hand and ocia seal
| to b. produced to the collector !"
%. The death OF the seaman
| 81. His obecondirg or desortion and
| Attn. las impressment int other service.
Ia the tn latter he Is bound TO exhibit TO tina
collector satisfactory proof Of the alleged facts
THE CONSENT OF the CONSUL THE sEAMAss DIS
| CHARGE.
, n , GUY o. me vSied states n any even,
foreign countries and their home Just
that the should bear the expense perform
advantage of the Of vessels He who receives
the benefit ought to bear the charge II was therefore
provided by the act Of February, isos that consul
saoud consent the discharge Of seaman in foreign
country and thereby relieve the maser Of vessel from
his bond until such master should r.t pay to tho consul
designated on such list s citizen Of the United Sutes
three months pay over and above the wages viii,
may then be due to such mariner two thirds
10 be paddy such consul commercial agent
each mariner discharged upon his engage.
ment board of any vese to the United states
and the ether remsnng third be retained for tho pur.
pose creating fund for the ment Of the passages
sesmsn or marnsrs, citizens Of the United States who
may be DESTROYS Of returning to the United States and
for the maintenance OF American who may be des-
| titute, and may be in such foreign port"
BY The provisions Of this act no could be law
fully discharged abroad, under any circumstances with
this payment Of the three monthly wages The con-
sol could TO his discharge any other con
dtion And this no hardship ON the master Of the
vessel He bound by his bond to his scsmsp
TO the United States and the payment Of these three
months wages relieved hm from ths obligation.
Thus the law remained until sfter the passage OF the
"Act in addition to the several acts regulating the sh