The Arkansas banner., 1848-09-19

Fu,
 shall subscribe his name to his assent to or lis
 sent fron the consul. with such reasons tberesfer
 as ne thinks proper to assign and either party may
 metcnPon appeal under such regulations as may exist, 10 the commissioner; bat if no appeal is law
 full claimed the decision of the consul shall be final and conclusive.
 Sec l2 fad bs if fTtAer Faacsed That in nll csscs
 criminal and civil the evidence shsIi be taken down
 in writing in open court, under such regulations us may be made for that purpose; and all objections 10 tho competency or charactor of testimony shalt be noted down. with the ruling in al, such cascs and the eyidencc shaii be part oi the case.
 Sec. l3 And bs d farther enacted, That the com missioner of te United States shail in addition te his power to make regulations and deerers, us is herein provided be fully authorized to hear and de- eide al, eases, criminal and civil which may come
 before him under the provisions of this act and to
 issue all processes necessary 10 execute the power conferred upon him; and he is hereby fully ein- powered to decide finally any case upon the cyi. dence which comes up with it, or to hear the par ties further, fl he thinks justice wi bc promoted
 thereby; and he msy also prescribe the rules upon
 which new trials may be granted, either by the ccnsuls or by himself, 1T asked for upon lustable grounds
 Sec. II. fad Dc it farihsy enaetsd, That in all cases, except us is herein otherwise provided, the punishment of crime provided for by this scr stYaif De by hne or imprisonment, or both, at the discre- ton or the functionsry who decides the case. but subject to the regulations herein contained and such may hereafter be made. It shall however be the duty of each and every unctionary to sliot punishment according 10 the magnitude and agra vation of the offence, and all who refuse or neglect to comply with the sentence passed upon them shal. stand committed until they do comply. or are dis charged by order of the coAsal, with the consent of the commissioner
 Sec. l5 .and De fl further enaoed, That murder and insuuection, rebellion against the Chinese government, with intent to subvert the samc shail | he affanrPS unufShale h,.t person shall Dc convicted of either of said crimes nnes the consnis and his associates In the trial all concur in opinion, and the commissioner also ais. proves of the consiction but it shall always be law fu to convict put upon trial for either Of these crimes nf lesser offence. of similar character if the evidence justifies it; and when convicted, 10 i punish for other ofiencer, by fine or mprsen meni, or both
 See. 16. And be II further enacted, That when ever apy one shal be convicted of either of the crimes punishable with death as aforesaid it shall be tho duty Of the commissioner to issue his war rant for the execution of such convict appointing the time, place, and manner; but if the said com missioner sall be satisfied that the ends of public justice demand it, he may, from time to ttne post Pone snch execution and II he huos mitIgatory eife anistaRees which may authorize H. may submit tho case 10 the President of the United States Tor pardon.
 Sec IT, qnd bc II fayaher enaetea That it shall be the duty of the commissioner 10 establish q tariff of fees for udioiS services which shall be paid by such parties, and 10 such persons, said colinis. soasr salt ltirect; and the proceeds shall far s | necessary, be applied to defray the expenses nc dent 10 the execution of this act; and regalar counts, both ot receipts and ex 'enditures shall be kept and laid before Congress by the onimissioner annusily. l Sec Is. ind te ftrtaeF eEaeiei, That, in con sideration of the duties herein imposed upon the commissioner, there shall be paid to him, out of the Ire; sury of the United States, annually the sum of one thousand dollars in addition to his salary and there shali also be paid, annually, each of said consuis for ike reason, the sum Of thousand dollars in addition 10 consular fees.
 1 Sec. l9. ind 6e Il fnrther en1eiei, That. in a criminal cases which not of heinouS character il shall be lawful for the parties aggrieved ceTned therein, with the of tue commissioner consul, to adjust and settle the among them selves, upon pecaniary or other considerations. 1 Sec 20. .4Rd bs n furikeT eracted That il shall be the duty also of the commissioner aud the cosus to encourage the settlement of controversies of a ! civil character by mutual agreement, to submit them 10 the decision of referees agreed upon by the parties, majority of whom shall have power 10 de- eide the matter. And it shs bc the dnty of the missioner to prepare form of submission for such cases to be ncd by the parties and acknowledged before the consult and when parties have Sd agreed 10 refer, the referees ay, after suitable notice of the time and place of meeting for the trial, proceed paFte, eltbcF paFN retusec or EegitCt- 10 appear; and, after hearing any case, may deliver their award scaled 10 the consul who, ia court shall open the sane; and il he accepts It, he shall ! endorse the fact, snd judgment shall be rendered thereon, and execution issue in compliance with the terms thereof Porided hoiceceT. That the par ties may always settle the before renurn there of Is made 10 tue consul.
 Sec. 2l. .4nd De q fariher enaeied, That he com missioner and the consuls shall be fully authorized to call upon the Chinese authorities to sustain and support them in the execution of the powers cont ded 10 them by said treaty, and on their part to do and perform whatever is necessary to carry the provisions of said treaty into full effect, far ss they ara ;o Dc executed a China. Sec g. ARd be # fartber enocfe3, That the pro- visions of this, act, far the same relates to crimes committed by citizens of the Unified States shall extend to Turkey, snder the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty, and shall be executed in the dominions of the Sublime Porte, in conformity with the pro tsions of said treaty, by the minister of the uuited States, and the consas appointed by the United States to reside therein, who are hereby oihco vested with the powers herein contained, for the pur pose above expressed. far regards the punish urent of crime.
 Sec g. fad be Il farthcr enacted, That the word commissioner. when used in this aci, shall he Ua- dersiOod to mean the persons vested with and e8- ercsing the principal diplomatic functions in China aud the word minister, as meaning the person Yes ted with the powers of chief diplomatic fnnc.iona ry of the United Siates in Turkey. The word con sul shall be understood to mean any person vested by the United States with. and exercising, the con sUlar authority in any of The five ports in China nas0ed in the treaty, or any port in Turkey. Sec-2t 4nd be Il fariher eRacied, That all SaUh officers shall be responsible for their conduct to the United States and the laws thereof, not only as d. ptomatic functonaries and commercial iunetiona ries bu, as judicial officers when they perfarm ja dicial duties and shall be liable for all ncgigenccs and misconduct public officers.
 ROBf. C WINTHROP.
 Speaker of the Hoase Of Representatives. G. N DALLAS, Vice President ol jhe United States. aud President of the Senate. ' Approved August IT, leH
 JAMES K. POLK rrrAItc--No kSf