New-York daily tribune., 1862-04-25
CoruJLAR JUBIsDsCTION.

| Il ne creation Ol VtCSSuSh"s
Those who venture on it run heavy r'sSs' A"o
reward may DO compensatlng where 're i'-
sult ia success. But failure involves more OF
les. of humiliation and Disgrace. The arrest oi
m officer of the Rebel steamer Sumter, ano
the exhibited States Consul ut Cadlz' at Ian.
sier. by our accredited representative at toas
place. has been noticed repeatedly in these col
unp, The disturbances attending the arrest;
tbs subsiden CO of the tumult in tho face oil tne
determined action of our Consul; tne oi'po'',
tion of the accused persons on ooard ONO "
oar National vessels; their transportation 'nonoo
to merchant ship bouLd for Boston. and their
arrival st that port, have all received toe oro'-
n..,oo ar.orded TO such outside ne~s.
Rut .o little has been said as to the principio
involvsd iu tho srrest, that it 10 Feasonaolo T"
ha,;svs that ope-half Of the reading puohc Is
:. do,bt ,ybethAr the event is out OF the ordi'
,,-v courae of events, while the other-believ-
,n0 that our representative has planted DIS 1901
on untroddsn groupd-sre quietly holding their
breath. TO see what will come OF 1t.
The authsrite, on which tho Secretary oi
State would naturally fall back for guidance in
NH. case are the act Of l8i5, which purpOrts
70 have for its object TO carry into effect Ger
tain proyisions in the treaties between the
United States and the Governments OF China
and Turkey, and along with this the enlarged
act Of 1860, TO give effect 10 the treaties of
the United States with China, japan, oDd
Siam.
Thess acts, and the treaties TO which they
refer, in defining consular powers, proceed on
the a,sumptiou (aa was laid down with ndnira-
bic clearness in Attorney-Genersl Cushlnss
opinion az to tho extent of consular Jursdic-
ton. in 1857 that, between the greater
mart Of the courts of Asia and Africa and the
Government. and people Of these states' there
| is 10 community of ideas. no common Id" ol
nations, no interchange Of good ohlce'i ana
that. therefore, to none Of these Government"
w.. Il safs 20 commit the lives aud liberues
q .b. citizen, of the United States Tho
noV,r. entrusted to consular agen" by these
ac,s and the treaties on which they were based
ara of the largest hind. Tho consul, indeed
,h;,e. in a measure the functions Ol prosecuting
attorney aud Judge; although something ap-
pro,cblng to an improyi,ed jury is required
where Tie crime is Of q capital nature. 10 1ae
l,tier case the consul may summon one or more
,,t;zens Of the United States not exceeding
,o,r IN number, who each records his judg-
men. or opinion. after the trials and, in the
cane of oapital crimes, uusnimity between the
consul ana these juYmen or associate Judges 10
required.
Among TIE crimes specially designated ere
,hote OF murder. and L" iusurrection against
the Government SIS il is Phrased "t ne
said countries ui;h iH,eHi TO svbrsrt he same.
The provisions Of the act Of 1860, although
.pcc.aly framed with y.ew % The treaties
with China, japan, and Siam, are made TO e1-
tend 70 Tripoli, Tunis, Morocco, and Nuscsti aud
: tho United State, CoDsuls appointed ts reaids
therein are sI-eG.io invested with the PowoT'
delegated to The ministers and eonruisr ageni'
! in the conu,!es frat named in the set IN AZ
! fsr as these p0wors may not interfere with
, tr.stie. between the United States and tie
countries dssnated.
Thus. then, We are forced to fall bach on
I tie treaty provisions and acts Of Congre" o.
|, which ne haye given NJ outline 10 direct u,
in tm. Tauger srTsst-if we ore TO b guided
b. interlStiona stipuiations or law in the
: ms. sF. Aud If these sets shsuid happen TO fa,l
Z Us. our Consul must either be allowed indemnity
, for having created q precedent unsanctioaei
by a,y public Eci, or otherwise we must admit
that tho arrest vas unjustihAble.
We confess wo have labored in vain, With
son. industry, 10 fad, either in the set OF
isls, in tho enlarged &C. Of 1860, or in She
elaborate opinion Of the United State, Attor.
ey-GonerRl in 1855, anything which bears,
even with partial light, On tho subject Of The
arrest ut Tangier. We need not burden our
/ readers with an examination Of the crime al
! lesed against tho Sumter officer and the ex.
U. s. Consul at Cadr. They were simply
, guilty Of tresson sgAinst their own Govern.
! ment-s crime in which the Morocco nu!hori
ties had no interest or concern, either in prov
ing or in puni.hiDg Tie ac.s however, Of
r l6i9 snd Of 1860, assume, hs the very bass o.
tho law defining consular authority ia tho css,
8 Of such psgan or semi.cigilized countries ~
, China, Sinm, and Morocco, that the authorities
3 Of these countries might claim Iuri.diction owe,
: tho life and liberty OF q citizen of tho United
1 States. To prevent such Rssumption, whilo Al
tho sams time providing that crime committed
l BY American citizens within tho territory of To.
countries designated should not 20 unpuuished, th,