The North-Carolina standard., 1848-09-06
IPuRLIc=No. S4.l

of the Thirt:eth Congress.
TPuBLIc-No. SAL --..
N ACT carry into effect certain provisions in the
reaties between the United States and China and
the Ottoman Porte, giving certain judicial powers
to ministers and consuls of the United States in
those countries. e :-. .. e.. {.
Be it enacted by the Senate and House Of Represen-
ues Of the United STATES Of .4nacriea tn Congress
s1bkd That to carry into full effect the provisions
the treaty ofJuy third, eighteen hundred and forty
bur, with the Chinese empire, the commissioner
md consuIs of the United States, duly appointed to
zside in China, shal addition to the other powers
md duties imposed upon them by the provisions of
aid treaty, be vested with the judicial authority here
described, which shall appertain to the said Office
commissioner and consul, and be part of the
aies belonging thereto. q. -, .... --uet-
SEC. 3 find be further enacted That in regard to
and HDtsdeaeG'OTs, the said public functonares
e hereby fully empowered to arraign, and try, In
manner herein provided, all citizens of the United
Sates charged with offences againstaw, which shall
committed in the dominions of China, including
Macao and upon conviction, to sentence such Often
ers in the manner herein authorized; and the said
dictionaries and each of them hereby authorized
issue all such processes suitable and neces-
Iary to carry this authority into execution. &c.
SEC. 8. find be IL further ep0cted, That, in regard
eriI rights, whether of property the person, the
laid functionaries are hereby vested with all the
dcal authority necessary to execute the provisions
said treaty, and shall entertain Jurisdiction in mat
s of at the port where, nearest to which,
he contract was made, at the port at which, or
rarest to which, it to be executed and in all
er matters at the port where, nearest to which,
cause of controversy aIose or at the port where,
! nearest to which,, the damage complained of was
Iustained-any such port above named being always
ae of the five mentioned in the treaty; which luris
ehon shall embrace all controversies between citi.
pns of the United States or others provided for by
aid treaty.
SEC. f. find be it further enacted, That such juris-
hall
s exercised and enforced in conformity with the
avs of the United States, which are hereby, far
necessary to execute said treaty, extended over
citizens Of the United States in China, (and over
I'll others to the extent that the terms of the treaty
Esiy or require,) so far such laws are suitable
carry said treaty into effect; but in all cases where
# mch laws are not adapted to the object, or are de-
ten in the provisions necessary to furnish suitable
Emedes, the common law shall be extended in like
n7nner such citizens and others In China and
deects still remain to be supplied and neither the
smmOn law nor the statutes of the United States
hnish appropriate and suitable remedies, the COM
missioner shall, by DEGREES and regulations which
nall have the force of law, supply such defects and
Afciencies.
Sec. 5. ind be IL further enacted, That, in order
organize and carry into effect the system of juris-
rudeuce demanded by said treaty, the commissioner,
nth the advice of the several consuis for the five
ports named in said treaty, many of them as can
conveniently assembled, shall prescribe the forms
ds processes which shall be issued by any of said
msuls; the mode of executing and the time OF re-
Inning the same the manner in which trials shall
k conducted, and how the records thereof shall be
hpt; the form of oaths for Christian witnesses, and
mode of examining all other witnesses; the costs
Ehch shall be allowed to the prevailing party and
fees which shall be paid for judicial services to
kiay necessary expenses; the manner In which
officers and agents execute process, and to carry
bis act into effect shall be appointed and compensa-
ID; the form of bail bonds, and the security which
nall be required of the party who appeals from the
sclsiOn of consul; and generally, without further
Enumeration, to make all such DEGREES and regulations
tom time to time under the provisions Of this act,
i the exigency may demand ; and all such regula-
Hns decrees and orders shall be plainly drawn up In
tHtlng, and submitted, above provided, for the
dHce of the consuls, or as many OF them as can
consulted without prejudicial delay or lpconven-
nee who shall each signify his assent or dissent In
'ndng, with his name subscribed thereto; and al
n taking such advice, and considering the same,
Se commissioner may, nevertheless, by causing the
aeee order, or regulations to be published with his
asnaure thereto, and the opinions OF his advisers
acribed thereon, to become binding and obligatory
1al annued or modified by Congress, and 1t shall
axe effect from the publication or any subsequent
4y thereto named in the act. t %. "t..''. I'D
SIC 6. find be it f;srtAer enacted, That all such
sustonS, orders, and DEGREES, shall as sPeedny as
4y be after publications be transmitted by the COM
asiOner with the opinions of his advisers, as drawn
ply them severally, to the President, to be laid be-
NC Congress, for revision. .t.-D --+
SEc. T. qnd be IT. further enacted, That each of the
A'uls aforesaid at the port for which he is appoint
snail be competent under the antherlty hereln
Obtained, upon facts within his own knowledge, or
sAch he has good reason to believe true, or upon
oSPaint made, or information filed in writing and
%aeuticated is such way as shall be prescribed by
commissioners to issue his warrant for the arrest
any citizen of the United States charged with
Jsuuiting in China an offence against law; and
arrested, to arraign and try any such offender
upon conviction, to sentence him to Pnnlsh ment
. tae manner herein prescribed; always metipg out
2ehtshmep1 in manner proportioned to the offence,
qch punishment shall In all cases, except as is;
Sss. Otherwise prsSided bo either ne or inprison
SEC IL. ..2 80 ~. ..sts,a .,,v }1,sro oo,,.
~ When sitting alone for the trial Of offences, shall
rly decide AT cases where the '6ne imposed does
Exceed one hundred dollars, aRd there shall be no
dS d therefrom except provided in section eleven
Isn. 4ndbe ii further enacted, That when sitting
e ne may also decide all cases in which the fine