Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-08-26
[PuBLIc-No. SAL

suls Of the United States in those countries.
Bel enacted by the Senate and House Of Representatives
Of the United States of America Congress assembled
That carry into full effect the provisions OF the treaty OF
July third eighteen hundred and forty -four, with the Chinese
EMPIRE the commissioner and consus Of the United States
duly appointed reside in China SHALL in addition to the
other powers and duties imposed upon them by the provisions
of said treaty. be vested with the judicial authority herein de-
scbed which shall appertan to the said office of commission
and consul and be part Of the duties belonging thereto
Sec 2. and be further enacted, That, in regard to crimes
and ndemeanOrs the said public funcionaries hereby
fully empowered arraign and try, in the herein
provided all citizens of the United States charged with oen
against law, which shall be committed in the dominons
of China including Macao and, upon convcton to sentence
such offenders in the herein authorized and the said
unconas and each of them hereby authorized to issue
all such processes suitable and to carry this
| authority into execution
Sec g. Ind be further enacted That in regard to emil
rights whether of property the person, the said unctona
res hereby vested with all the Judicial authority necessary
the provisions of said treaty, and shall entertain
jurisdiction in matters Of contract at the port where or nearest
which, the made, the port at which,
to which, to be executed and in all other mat
at the port where nearest which, the cause OF con-
rovey arose, the port where nearest TO which, the
damage complained of susained-any such port above
named being always of the five mentioned In the treaty
which jurisdiction shall embrace all controversies between CT
zens Of the United States others provided for by said
treaty.
Sec A. And be further enacted That such jurisdiction
in criminal and civil SHALL in all cases. be exercised
and enforced in conformity with the laws of the United States,
which hereby far necessary to execute said treaty.
extended all citizens of the United States IN China,
and others the extent that the of the treaty
Justify reque) far such laws suitable to carry
said treaty into effect but in all where such laws
not adapted to the object deficient in the provisions
necessary furnish suitable remedies the common law shall
be extended in like such citizens and others in
China and if defects still remain TO be supplied, and neither
the law the statutes of the United States furnish
appropriate and suitable remedies the commissioner SHALL by
DEGREES and regulations which shall have the force Of sup
ply such defects and deficiencies.
Sec 5. And be further enacted, That in order to or
ganze and carry effect the system of jurisprudence de-
manded by said treaty. the commissioner with The advice OF
the several consus of the five ports named in said treaty. or
many of them be conveniently assembled shall pre-
scribe the forms OF all which shall be issued by any
of said consu the mode of executing and the time OF
turning the the in which trials shall be
duced and how the records thereof shall be kept the form
Of oahs for Christian Witnesses and the mode Of examining
all other witnesses the costs which shall be allowed to the
prevailing party and the fees which shall be paid for judicial
services deray necessary expenses the in which
all officers and agents process and TO carry this act
into effect shall be appointed and compensated the form Of
babonds and the security which shall be required Of the
party who appeals from the decision of consu and, gener
ay without further enumeration 10 make all such DEGREES
and regulations, from time time under the provisions Of
this act as the exgency may demand and all such regula
TONS decrees and orders shall be plainly drawn up in w
ting and submitted above provided for the advice OF the
consuls or many of them be consulted without pre-
judicial delay inconvenience who shall each signify his
dissent in writing, with his subscribed thereto
and after taking such advice and considering the same, the
may, nevertheless by causing the Decree ORDER
regulations be published with his signature thereto, and
the opinions Of his advisers inscribed thereon to become bind
ing and obligatory until annued modified by Congress- and
shall take effect from the publication any subsequent day
thereto named in the act.
Sec 6. Andbe further enacted That all such regulations
ORDERS and DEGREES SHALL speedily may be after publica
on be transmitted by the commissioner with the opinions
Of his advisers drawn up by them seyeray 10 the Pre
dent, TO be laid before Congress for revision
Sec and be further enacted That each of the con-
sus aforesaid the port for which be is appointed, shall be
competent under the authority herein contained upon facts
within bis knowledge, which he has good to
believe true, upon complaint made information filed in
writing and authenticated in such shall be prescribed
by the commissioners to issue his for the arrest Of any
citizen Of the United States charged with committing in China
offence against law and, when arrested, to arragn and
try any such offender and upon conviction, him
punishment in the herein prescribed always met
ing out pnnisent v manner propoioned TO the offence
which punishment SHALL in all cases. except as herein other
wise provided be either fine or imprisonment
Sec s. And be further enacted That any consul, when
iting alone for the trial Of Offences shall finally decide all
where the fine imposed does not exceed hundred
dollars the term Of imprisonment does not exceed sixty
days. and there shall be appeal therefom, except pro-
| vided in section eleven OF this
Sec. g. And be further enacted That when sitting alone
he may also decide all in which the fine imposed does
exceed Eve hundred dollars the term Of imprisonment
does exceed ninety days but in all such the fine
exceeds hundred dollars the imprisonment exceeds
ninety days. the defendant may, by complying with the
quements In cases appeal carry the case before the com
missioner by appeal.
Sec. TO- And be further enacted That whenever in any
the consul shall be Of opinion that by Of the legal
questions which may therein assistance will be useful
him. whenever he shall be Of opinion that pun
hment than those above specified will be required he SHALL
| in either case, citizens Of the United
States exceeding four number hut in capital not
less than four who snail be persons Of good repute and
peen the duty, to sit with him in the trial. and who, after
sitting upon the trial. shall each enter upon the record his
judgment and opinion and sign the The consul shall,
however, decide the but II his decision is opposed by
the opinion of Of his associates the case without
further proceedings together with the evidence and opinions
shall be referred the commissioner for his final adjudication,
either by entering judgment therein renting the same
the consul with instructions how to proceed herewith but
in all such cases. except capital offences, if the consul and
his associates in opinion, the decision shall be final
Sec IL. And belt further enacted, That the consus afore
sa and each Of hem the port for which he is appointed
shall have Jurisdiction herein provided in all civil
arising under said treaty. wherein the damage demanded does
not exceed the sum Of five hundred dollars and he ii
decide the same without aid his decision thereon shall b
final but il in his judgment any involves legal pepexi
ties and assistance will be useful II the damage demanded
exceeds five hundred dollars either such shall be hi
duty his aid less than two thar
citizens the United States Of good epute and compe
TO the duty who shall with him hear any such
the consul and his associates concur in opinion the judg
ment shall be final but il the associates any OF them
differ from the CONSUL the opinions Of oil shall be noted or
the record, and each shall subscribe his 10 his assent 10