The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-21
CITY OF WASHINGTON MONDAY NIGHT DECEMBER o. 1916

I
hundred tons burden Ii ought to be observed, how
ever that cent per ton would not the aggregate,
be equal 10 the existing charges though cent and
half per would be sufficient TO collect this amount
Wide tables Nos. and 8, attached TO this reponl
| ... A consular code
But, after the number, appointment and compensation
OF our consular agents shall have been determined and
the organization OF the system in these particulars shall
have been completed the important task would still re-
main OF defining by law, the powers and duties Of
suls This will prove to be task OF great difficulty and
dellcacy, the performance OF which, in proper
will require much knowledge and patient investigation.
On this point the provisions OF existing laws are ex-
ceedingy defective These provisions in the language
OF Mr. Livingston, extend only to the authority given
to consus TO receive protests and declarations 70 give
copies under the consulate seal to settle the affairs Of
American citizens who shall die within the limits OF the
consulae to property saved from wrecks to pro-
vide for the deposte of the ships papers and to afford
relief to destitute American seamen" II is that since
the date OF Mr. Liyngstons report from which the above
extract Congress have passed the act Of July 10th,
$780, which contains useful provisions, far as
they extend, relative TO the duties OF consus yet still,
Mr. Lvingstons enumeration remains true to the letter
In all the wide range of consular duties, with the excep
ton OF these few particulars the consul left to his own
discretion under the sweeping enactment OF the 9th section
specification OF certain powers and duties this act TO be
exercised performed by the consus and vice consus Of
the United States, shall not be construed to the exclusion
OF Others resulting from the nature Of their dPpointenS
or any treaty eonUsatoa under rlieh hsy may act"
The secretary would respectfully call the attention Of
the House to this important subject and suggest that pro-
|
racy the nature OF the case viii permit, what the
powers and duties OF the consular Office These should
longer be left to the discretion OF the consuls them
selves regulated by rule whatever except what they
may deem resulting from the nature Of their appoint
ments" Congress would not tolerate that any important
officer within the United States-for example, collector
of the cusoms-shoud exercise such discretion. How
much necessary, then, that class of public agents
whose field OF duty lies beyond the limits OF the United
States, far from the means OF information, and whose
conduct must materially affect the interests of foreign
commerce. and may, under peculiar circumstances even
endanger the peace OF the country, should have their
powers and duties defined in clear and explicit manner
The pocers and duties Of consis under treaties Nth for
eign nations.
In the middle ages consus exercised extensive civil and
criminal jurisdiction at the places where they resided
the subjects and citizens of their respective countries
This practice has long since ceased except in regard to
blahommedan and other nations occupying similar po
shon towards Chrisendom. Christian Powers, with a
due regard to the protection of their citizens and
subjects, could not suffer them to be tried and pun
lshed for crimes and offences in the summary manner
practsed among these nations, wth all their preudices
against foreigners BY our treaties, therefore, with the
Sublime Porte and the Emperor OF China these soveregns
deprived of all criminal jurisdiction citizens
AS substitute for this jurisdiction, it is provided in the
fourth article Of treaty with the Sultan that offences
committed by American citizens in Turkey shall be
tried by their minister consul and punished according
served towards the other Franks" And under the 2st
article of recent treaty with China, citizens Of the
United States, who may commit any or me in China, shall
be subject to be tried and punished only by the consul
other public unconary Of the United States, according
to the laws of the United States And in order to the
prevention of all controversy and disafection, justice
shall be equally and lmpartlally administered on both
sides"
Good faith thus requires that Congress should provide
for the trial and punishment of crimes and offences when
committed by American citizens In the domnlons OF the
Sultan and the Emperor OF China Having surrendered
this sovereign power to the United States under solemn
engagement part that it shall be faithfully ex-
ecuted, the Turkish and Chinese governments have
right expect that Congress shall provide for the per-
Torrance Of this obligation There is an urgent neces
sy that this should be done Immediately. AT present
these spuations dead letter because it is not pre-
sumed that any consul of the United States, resident in
those countries, would undertake to try, convict and
punish citizens for offences committed there Should
a fragrant crime be perpeatei upon Turk or Chinese
by any OF our citizens and should punishment not fol-
low according to the acquisitions of the treaty, this
might disturb If not destroy, friendly relations, and
do great injury to our commerce.. Accustomed as they
to summary justice, they could not be made to under
States should escape with impuny, in violation of trea
Chinese, who had committed any crime against an Amer
lean citizen, would be vigorously eXacted.
Under existing treaties with Tripoli, Tunis Morocco,
and Musca all disputes between citizens of the United
States in these countries to be decided by the proper
qure any aid to enforce his decisions, it is to be mmed
ately granted by the government of the country.
Under treaties with Sweden Prussia Russia Han
over and Portugal consuls shave the right to sit
Judges and arbtrators such differences may arise be-
tween the captains and crews of American vessels in
these countries.
The mode in which these judicial powers shall be exc
cuted by consus has yet in single instance, been
prescribed by Congress.
Expenditure by consuls for the relief Of destitute Amer1-
| can Seamen IN foreign countries.
Among the few duties prescribed to consus by law,
there is worthy OF immediate consideration. These
officers the agents of the government to afford relief
to destitute American in foreign countries, and to
dsburse the money for this purpose AS compensation
for this trouble, they allowed five per cent the
amount of their expenditure.
The amount appropriated for this purpose has of late
years rapidly increased, being $4,000 per annum
nearly double what it in 1910 and for several years
prated wide table H. attached to this repo This in
has been much greater than be accounted for
by the extension rapid this has been, of the foreign
commerce of country One great OF it may un
doubedy be found in that provision OF the act approved
July 20th $780, which authorizes consuls, when they
deem it expedient to discharge in foreign ports
upon the joint application Of the master of the vessel and
months wages under the provisions of the act of the 2sh
February, ls03 or any other sum OF money" Although
the bill under consideration contains several sauary
actmens TO prevent the abuse of this power by consus
yet is respectfully submitted that in this particular the
act of July 10th, $780, should be altogether repealed
Seaman a class thoughtless and improvident,
whilst their services essential both TO commercial
poys them foreign voyage it is but fair that he
should stpulate for their safe return On him, and not
upon the government, ought to devolve the charge Of
bringing them back to their country The act of the 2Sth
February 1SO3 Complementary to the act concerning
consus and vice consus and for the further protection
American seamen," enforced the performance of this du
ty Under its provisions every master of a vessel bound
to foreign country before he obtain his clearance,
must exhibit to the collector of the port from which he is
haf nj tha fad D1p oath