The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-11-21

CHAR. CLXXIX.-An act to carry into effect pro-
visions OF the Treaties between the United States
China, Japan, Siam, Persia, and other Countries,
giving certain Judicial Powers to Ministers and
Consnls OF other fanctionaEies, of the United
States in those Countries, aud for other purposes.
Be u saaeted by tie Senate and House Of kspres-
entativss Of tie Gaised -ates of America Congress
assembled, That 70 carry into full effect the pro-
visions Of the treaties Of the United States with
the empires Of China, Japan, and Siam, respec-
lively, the minister apd the eonsuls of the United
States, duly appointed TO reside in each Of the said
countries, shall, in addition to other powers and
duties imposed upon them respectively, by the
provisions Of such treaties respectively be inves-
ted with the Judicial authority herein described
which shall appertain 70 the said Office Of minister
and consul, and be part of the duties belonging
thereto. wherein the same is allowed by treaty.
SEC. =. AReIbe st further enacted, That in re-
gard to crimes and misdemeaneFs, the said public
funetionsries are hezehy fully empowered to ar
Taign and try, in the manner herein provided, all
citizens of the United States charged with offences
against Law, which shall-be committed in such
countries, respectively, and upon conviction to
sentence such offenders in the manner herein au-
thorized; and the said fane;ionaries, and each Of
them are hereby kdthorizsd to issue all such pro-
eesses Is are suitable and necessary to carry this
authority into execution.
Ssc- 3. And be it further enacted, That in regard
to civil rights, whether Of property or person. the
said fuuetionaries hereby invested with all the
jadiciai authority necessary 10 exsute the provis.
ions Of saSn fe4tle8 reepectVeiy, and shall enter
tain jurisdiction in matters of contract at the port
where, or nearest to which, the contract was made
or At the port at which, Arrest to which, it was
to be executed; and in all other matters at che
FORT where or nearest 10 which, the cause of con.
troyersy arose. at the port where, or nearest to
which, the damage complained Of was sustained
any such pert named being al ways one of the
ports at which the United States are represented
by conspls; which Jurisdiction shall embrace ali
controversies between citizens Of the United States
Il he
SEC. 4 AID Be II further enacted, That such jur.
isdletion in criminal aud civil matters shall in al
cases, be exercised and enforced in conformity vie
the laws Of the United Stats, which are hereby
30 ar q Is necessary e execute such treaties res
pectiyeiy, extended over all citizens Of the United
States in the said countries and over all others tC
the extent that the terms OF the Said treaties re-
sPectysiy, justify or rsquire,) far such law.
are suitable to carry the said treaties into effect
but in all cases where such laws are nfss adapted
70 the object or are deficient in the provisions
cessafy 70 furnish suitable remedies, the common
law, including equity aud admiralty, shall be ex.
tended il like manner over such citizens and other
in the said Countries; and, if defects still remain
10 be supplied, and neither the common law inclu.
ding equity and admiralty, nor the statntes Of the
United States, furnish appropriate and suitable
remedies the ministers In the said countries res
pectyely, shall, BY decreesnud regulations which
.ha have the force OF law, supply such defects and
SIC 5. And Be Il further enacted, That in order
% organize and carry into effect the system of iur-
l.prndenee demanded by such treaties respectively
sas g ga minister's With the advice Of the several
eensnls IN each Of tho said countries resneef,veIy
Or GO many Of them as can be convenienIIv Assem-,
plea, snail prescribe the forms of all processes
when Eau be issued BY any Of said consuIs: the
aoos 2. executing aud the time Of returning the
same the nIanner in which trials shall he coss
seas an1 how the records thereof shal he ksTf ~
TORN 81 oates for Christian witnesses ID The 100
ss ~ osner witnesses; the costs which
- 100 "a % ne prevailing party, and the
iraJ necessary expenses the manner IN vb;eh al
omeefs aaa agents to execute process. and 70
tots see inte steet shall be appointed and com peb
49, 80 .om 9. pail bonds, and the security
from the decision Of consul and generally ,irh.
out further enumeration, to make all such decree,
andFsguaations from time 70 time, under the pro.
visions Of ms acs as the exigsncy may demand
and all such regulations, DEGREES and orders sha,
be plainly draan up in writing, and submitted, .,
abvoe provided Tor tie advice Of the cousuls or a,
many ef them e can be consulted without PREM.
dlciai delay o. Tonence, who shall each signify
his assent or dissent IN Writieg With hs name sub
scribed thereto aud after taking such alIV ami
considering the same, the Minister In The said
co1ntries respectively, may, nevertheless by caus
ing the decree order or regulation to be published
with bis signature thereto, and the ouinians 81 ~
advisers inscribed thereon, make it 70 becos min
ding and obligatory, until annulled Or uodif.d hv
Congress and it shall take effect from the s., II;.
tisn o .1y subsequent day thereto named in The
SIC. s. And Be it further e,sacfed, That ali sueb
reguiatisnss orders, and DEGREES, shal ~ speeily
- msy be after publication be transmitted bv ~
said ministers vita the opinions Of their advisers
e drawn mp b them ssForaly, 10 the Secretsry of
Stats. e be laid before Congress for revision.
srp- 2. 4nd b i fsrfksy eaaetsd, That each Of
the eonsais Aforesaid, at the port for whichAe Is
appointed, shah be competent under the euthoritv
herein contained, upon facts within his oEn knovi
slge, Or Nhieh be has good reason to believe true
or npon complaint made, OF information fIed ~
writing and aatbeatieatsd In sneh way a. shall Be
prescribed By the minister, issue his warrant for
The arrest Of any citizen Of the United States
charged With cenmitting in the country an cfenee
sgAinsflA and when arresced, % srrairn md
" any such offender; and upon conviction. % sem
tenee him % punishment in the manner herein
ptss4theds Always melting cut punishmeut in : .
= ana Froportionea % the offence which punish