The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-11-21
tBY AUTHORITY
PUBLIC ACTS OF THE THIRTY
SIXTH CONGRESS
uNITED STATES.

re- CHAP. CLXXTX.-An act to carry into effect
rom visions Of the Treaties between the United st
over China, Japan, SIAM Persia, and other Count
giving certain Judicial Powers to Ministers
CITY Consuls other Functionaries, of the Uni
mi States in those Cou cs, and for other purpo
~, (C0STINGkD.)
RED SEC. 10. And be IL further enacted, That VIII
ON ever in any case, the consul shall be of opin
eIat ey reason of the legal questions which n
arise therein, assistance will be useful to him,
inenevsr be shall be of opii 10 that a pr
N tsament thaa those above specified will be REQ air
hat s IN elther case, summon one more ci
tho Hebs OF ihs United States, rot exceeding four
49, til taktn ty lot from list of indivjdu
ei an nave been suit mtted previously to I
1t. H Ter lor mis- approval but in CAPITAL cases n
ieS: than Tour, who shall be persons of 0ood ronn
s"d competent TO the duty, to sit With him in \
tch tfa ana VINO, after so s't ng upon the trial sb
ISL eien enter upon the record his judgement 80
-. ION, and sign the same. The cJns1I abaI h "p
9t give Judge ntns in the case but if his decis;
opposed by the opinioa Of or more of his 81
aees; zoe case wi nout further proceedings toeet
er with the evidence and opinions, hall be RAJ ~,
Ill to the minister for his f1s ADJUDICATION eitt ar
of entering up judgement therein, or remit,ino -
same to the nsul with Instructions how to proeee
thesewith; but in all such cases, except canitaI =
he fences, if the consul and his associates conenr
"a opinion, the decision shall be final, EXCEPT as
provided in section nine Of this act
$ SEC. ii. aud be it further enacted, That the cor
a. suls aforesaid, and each of them, at the p1rt q
u which he is appointed, shall have jurisdiction
is herein provided, in all CIV cases arising unds
te such treaties, respectively wherein the damage do
manded does not exceed the sum of FIVE hundre
djllars; and if he fit to decide the same with
. ad, his decision Their shall be final: but 3
in bis judgment any case involves legal perplexi
ties, and assistance will be useful or if the dana0
y demanded exceeds five hundred dollars, in eithe
such it shall be his duty summon to his aid
= from a list Of individuals which shah have beer
nominated for the purpose of this act to the minis
ter and received his APPROVAL not less taat two MOI
more than three citizens Of the United States il
Sru,h ISnpn t 10 g
competent to the duty, who shall with him hear
any such and il the consul and his assoca ties
concur in opinion, the judgement shall be final
but If the associates, or any Of them differ from
the consul, the opinions oil all sh6ll be nDed on
the record, and each shall subscribe his name to
his assent to or dissent from the consul with such
reasons therefor as he thnks proper to assign and
either party may thereupon appeal, undersuch rsgn
lation as may exist to the minister; but ii no ap-
peal is lawfully claimed, the decision of the coast
shall be final and conclusive.
SIC. IL. And be &c further enacted, That in all
cases, criminal ADD civil the evidence shall be taken
down in writing in open court, under such rsgdIa-
lions as may be made for that urpose and all OBJ
Jections to The competency character of testi-
! m0ny shall be noted, with the ruling in all such
cases, and the evidence shall be part Of the case
SEC. 10. And be 1t further enacted, That the min
istsr of the United States in the country to witch
he is appointed shall, in addition to his power to
make regulations and DEGREES, herein provided, |
be fully authorized 10 hear and decide al cases, |
before
appeal under the provisions of this act, and to is
sue all processes necessary to execute the power
conferred upon him; and his geby fully empowered
to decide foaly any case upon the evidence which
up with it, to here the parties fl rsher if
he thinks juseice ill be promoted thereby; and
be may also prescribe the rules upon which new |
trials may be granted, either by the consuIs or by
himself, if asked for upon justidable grounds
SEC IA And be Il .rtter enacted, That in all
cases. except as is herein otherwise provided, the
punishment of crime provided for by this act shall
y by fine impriso ant, or both, the discre-
pm Of the funct 0nary who dec des the case, but
subject to the regulations herein contained, and
such as may hereafter be made Itshall, however,
be the duty of each and evere functiouary to aot
punishment according to the sSnitude and aggra-
walton Of the efense; and all who refuse or neg
lect to comply with the sentence passed upon them
hall stand committed until they do comply, or are
discharged by order of the consul with the consent
Of the minister in the country. r
SEC. Is. And be 1t further esscted, That murder f
aud instruction, rebellion against the government I
Of either Of the said countries with intent to sub
Teri the same, shall be capital offences, punishable
with death but 10 person shall be convicted Of s
either If said crimes unless the consul and his as
Oeiates in the trial all concurin opinion, and the
minister alo approves of the conviction; but Il -
hall always be lawful to convict put upon trial
or either of these crimes, of Lesser offence of 4
milar character, if the evidence u 'tifes it, and
when convicted to punish, for other offe So,
~ fine or Imprisonment. or both.
SEC. Is. And be 10 further enacted, That when | a.
yer al shall be convicted of either of the Il
rimes punisha bic with death, aforesaid, in
her Of the said countr it shall be the duty of 81
nc minister to issue his warrant for the execution b.
such convict appointing the time, place, and
nlnner: but if the said minister shall be satisfied
nat the ends Of public justice demand it, he may r.
rom time to time, postpone such execution; and | u
e finds mtiga.ory circumstances which may au-
loriZe it, may submit the to the President of
the United States for pardon. -
SEC. IL. And be At further enacted That il shall L
-, e -, - l.. =
oun;ries to establish if Of fees for judicial
srv:ce3, which shall be by such parties, and ~
such persons, said minister shall direct; and -
proceeds shall, far as is necessary be applied ~
defIay the expenses incident to the execution of -
lis act; and regular accounts, both of receipts =.
nd expenditures, shall kept by the said minis "
and colsuls and transmitted annually to the W
C rotary Of State ~
ininal eases which not of heinous character "
shall be lawful for the parties sggreyed or ON so
rned therein, with the assent of the minister in -
lie country, or consuf to ADJUST and same among 81
emseyes, upon pecuniary Their considerations. =;
SEC. H. Aad be 1t further eaactei That it shall ~
the duty also of the said ministers and the con-
lis to encourage the settlement of controversies ~
a civil character, by mn tual agreement or to W.
limit them to the decision of referees agreed -
pom by the parties majority of whom shall have e.
'wer to decide the matter. And it shall be the ~
lty Of the minister in each country to prepare a 20
run OF submission for such cases, to be signed by @
I'd when parties have agreed to refer, the refer 81
may after suitable notice of the time and place "
meeting for the trial, proceed parte, in case -
Their party refuses neglect to appear and after e
ar ng any case, may delived tie award, sesled 81.
the consul, who, ih court, shall open the same az
d if he a.ceps l., he shall indorse the fact and ~.
dgenent SHAH be rendered thereon, and execu- 'n
issue in compliance with lie terms thereof -
-orided. howerer, That the parties may always ~.
tile the re before return hereof is ma e to the
nsul. pa
SEC. 20. Aad be further enacted, That the min 9
aforesaid and consus shall be fully author eO
ID to call upon the local authorities to sustain
d support them in the execution of the powers 70
Aided to them by said treaty. and their part ua
do and perform whatever is necessary to carry r. n
provi ion of sa treaties into full effect far e
they are t. be executed in the said countries, u
n
Sec 81. AID be 1t further enacted That the pro- oh,
ions of this act, far the same relate to Se
mes and offences committed by citizens of the mo
itei States, shall extend to Turkey under the sal
ATTY with the Sublime Porte of May seventh, Co
heen hundred and thirty, and shall be executed IN,
the Ottoman dominions in conformity with the Of
visions of said treaty, and Of this act by the tai
mister of the United States and eonsuls of the tbs
ited States Iappointed] to reside therein, who bet
hereby oEfc'O vested with the powers herein DEF
lferred upon the minister and consus in China loa
the purposes above expressed SO far regards of
punishment of crime, and also for the exercise tho
jurisdiction in civil cases wherein the is IA
rmltted by the laws of Turkey or its us1ges-in to
intercourse with the Franks or other foreign a,f
ristain nations. adj
SEC %. And be 1t further enacted That the word per
mister, VIII n used in this act, shall be under
od to mean the person invested WITH and exer- or
ing; the principal diplomatic functions in each Of
countries mentioned in the first section of this pr
l.. The word consul shall be understood to mean
y person invested by the United States with,
exercising the of consul general vice ~
rs ii general consul, or vice consul in any of the
Intries herein named. And if at any of the =
lntries her-in named. And if at any time there
minister of the United States in either of
countries hereinbefore m snti0ned, the Judicial 1
ties which imposed by this act upon the mia SCI"
or, shall devove upon the sul-general or con- gre
residing at the capital of the country, who is the
reby authorized and required to discharge the an,
ne. TED
Sec 23 And be Il further enacted That all such 'TS
eers shall be responsible for their conduct to the
lited States, and to the laws thereof, not only as
plomatc or consular functionarieS, respectively, e.
i Judicial officers, when they perform judicial @
ties and shall be held liable for all negligences a
d misconduct as public officers. .ai
SEC. 81 Aud be It further enacted, That capital inc
ses for murder or instruction against the gov A.
ument of either of the countries hereinbefore
by citizens of the United States or for se
fences against the public peace amounting to fell an,
y under the laws of the United States, may be drt
led before tho minister of the United States in
q country where the offence is committed if at ma,
wed Jurisdiction; and it shall be competent for tht
each Of the said ministers to issue all manner thu
writs, to prevent the clhzens in the Unlted ma
ates from enlisting in the military naval SER We.
ce of either of the said countries, to maize rer
pom any foreign power with whom the United an,
tates at peace or IN the service oil one orton
the people against any other portion of the COL
lme people and he may carry ont this power by Sc
resort to such force may at the time be within th
is reach, belonging to the United States. pa
SEC. 25. Ahd De tdrtAer endcted Eoatt Fresi
emit be- and he is hereby, authorized to appoint ac
lershais fer such Of the consular courts in the sal
aid countries as he may think proper not to tet
eed seven in number, namely one in Japan, four Re
hina, one in Siam, and one In Turkey, who shau sh
ach receive an annual salary Of thousand dol gil
.rs per annum in addition to the fees allowed by re-
be regulations Of the said ministers. respectively,
the said countries and it shall be the duty of M
he said marshals pectvely. to execute all pro- co
ess issued by the minister of the United States til
n the said countries respectively, or by the an
ul at the port at which they reside and to make
ue return of the same to the ohcer py whom the ia