The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-18

SEC a. find be further enacted That in all cases. except
as is herein otherwise provided, the punishment of crime
provided for by this shall be by fine or Imprisonment or
BOTH at the discretion of the unctonary who decides the
case but subject to the regulations herein contained and
such may hereafter be made. Ii SHALL however be the
duty of each and every functionay aot punishment
cordng to the magnitude and aggravaon of the offence and
all who refuse neglect comply with the passed
upon them shall stand committed uni, they do comply,
discharged by order Of the consul with the of
the commissioner.
SEC. Is. find be further enacted That murder and
rection, rebellion against the Chinese government with
ubve the same, shall be capital Offences punish
able with death but person shall be convicted of either
Of said crimes unless the consul and his associates in the
trial all opinion, and the commissioner also
proves of the convctlon but 1t shall always be lawful to
convict put upon trial for either of these crimes of
lesser offence, of similar character, il the evidence ustes
and when so convicted to punish for other Offences by
fine Imprisonment both.
SEC. l6 Ind be farther enacted That whenever any
shall be convicted of either of the punishable with
DEATH aforesaid it shall be the duty of the commissioner
his for the execution of such convict APP
pointing the time, place. and manner; but if the said
missioner shall be satisfied that the ends of public Justice
demand it, he may from time to me postpone such
cuton and if he finds mtgatory which may
authorize it, may submit the the President of the
United States for pardon.
SEC. IT, find be further enacted That shall be the duty
of the commissioner establish tariff of fees for judicial
services which shall be paid by such parties and such
PERSONS said shall direct and the proceeds
shall, far as is necessary be applied deay the
penses incident to the execution of this and regular
accounts both of receipts and expenditures shall be kept
SEC 10. ind be further enacted That, in consideration
of the duties herein imposed upon the commissioner there
shall be paid TO him. out of the treasury of the United
Sates annually the Of thousand dollars, in add
ton his salary and there shall also be paid annually to
each Of said consus for like reason the of thou
sand dollars in addition to consular fees.
Sec 49, find be further enacted, That, in all criminal
which not of heinous character snail be law
full for the parties aggreved concerned therein with the
assent OF the commissioner CONSUL to adjust and settle the
same among upon pecunary other considera
lions.
SEC 90 find be further enacted That shall be the duty
also of and the consuls encourage the
settlement of controversies of civil character by mutual
agreement submit them to the decision OF referees
agreed upon by the parties majority Of whom shall have
power decide the And it shall be the duty of the
commissioner to prepare form of submission for such
to be signed by the parties and before
the consult and when parties have agreed to REFER the
referees may after suitable notice of the time md place of
meeting for the trial. proceed parte, in either party
refuses negects appear and, after hearing any
may deliver their award sealed the CONSUL who, in court
shall open the and if he accepts it, he shall endorse
the fact and judgment shall be rendered thereon and
ton issue in compliance with the terms thereof Proridsd
hooeuer That the parties may always settle the before
return thereof is made to the consul.
Sec 81 find be further enacted That the commissioner
and the conss shall be fully authorized call upon the
Chinese authorities sustain and support them in the
cuon of the powers conded to them by said treaty. and on
their part do and perform whatever necessary carry
the provisions of said treaty into full effect far they
to be executed in China.
Sec o. find be further enacted That the provisions of
this act far the relates to crimes committed by
citizens of the Uated Sules shall extend to Turkey under
the treaty with the Sublime Porte of May seventh, eighteen
hundred and thirty, and shall be executed in the domnons
of the Sublime Porte in conformity with the provisions of
said treaty, by the minister of the United States, and the
consuls appointed by the United States reside therein
who hereby ofco vested with the powers herein
contained for the purposes above expressed far
CARDS the punishment of crime.
Sec 49, find be further snaced, That the word commits
sioner when used in this shall be understood
the persons vested with and exercising the principal dpo
matte functions China and the word minister,
ing the person vested with the powers of chief diplomatic
functionary Of the United States Turkey The word
consul shall be understood any person vested by
the United States WITH and exercising, the consular authors
y any of the five ports China named in the treaty. or
in any port in Turkey.
SEC "a find be further enacted That all such officers
shall be responsible for their conduct the United States
and the laws thereof only diplomatic functonaries
and commercial funconares but judicial officers when
they perform judicial duties and shall be held liable for all
negligences and misconduct public officers.
ROBT C. WINTHROP,
Speaker Of the House of Representatives.
G.. M. DALLAS,
Vice President of the United States, and
President of the Senate.
APPROVED August ILL., lS4S
JAMES X. POLK