Delaware State journal and statesman., 1864-07-01
TpupLio-No Oi I


between the United Siatea aud foreign ualions
respecting consular Jurisdiction over the crpws
"i teshels VI Fuch foreign nations III the WATERS
and porte Of the United States.
BE IL eadcie! by he Senate and Hoass Of Repre-
seeidtiVss Of HE Uniftd StdtcS Of AiHffica in Con-
yress assembled, That IA all cases where ii may
nave been VI shall hereafter be stipulated by
treaty or convention between the United States
and my foreign nation to the effect Ihat the con
eul general, consuls, vice cousuls, or consular or
commercial agents vi the two nations, respcc
lively, shall have exclusive Jurisdiction of con
IrOYersics, difficulties, or disorders ~ isiug Mt sea
or IN the waters or poris Of the one nation, hc
tween tho master or other uilicer or officers and
any OF the crew, or brtwecn any Of these last
themselves, Of any ship or vessel belonging 10
TIE other nation, such supulntiOna shall be exc
Guied and enforced within the Jurisdiction Of the
United States ns hereinafter declared Provided
That before this act shall take effect M to thr
ships and vessels ul any particular nation having
sueh treaty with tue United States, the President
Ol The United States shall havo been satisfied
that similar provisions have Locn made for the
execution OF Huch treaty by tho other contract
ing party, aud shall have issued his proclamation
to that effect declaring this act to DO in force as
to such nation.
See. = And Je il FURTHER enacted, That in all
cases within the puryiew of this act the consul
general, consul, or other consular or commercial
authority OF such foreign nation charged with
the appropriate duty iu the particular case, may
make application to any court OF record Of the
UNITED States, or any Judge thereof or TO any
commissioner appointed under the laws of the
United States, TO take bail or aiHdayits, or for
other Judicial purposes whatsoever, sutting forth
that such controversy, difficulty, or disorder has
arisen, briefly stating the nature thereof, aud
when and whero the same occurred, and exhibit
certified M pvtr Of uti .,i.,
articles, roll, or other proper paper Of the shin
OF vessel, TO tho effect that the person n ques.
uph Is oi the crew or ships company Of such
snip or vessel; and further stating aud certify
ing That such person has Withdrawn himself or
IS believed 10 bo about to withdraw himself from
tue control aud discipline Of tho mastgr and olli-
GERS oil the Had ship OF vessel or that he has ro.
iusedi or is ubout to refuse, to submit 10 aud
obey The lawful jurisdiction OF such consular or
commercial authority in the premises; and
further stating aud certifying that, to the best
oil the knowledge aud belief Of the officer certify.
lhg, such person Is not citizen of the United
states, anu thcreupon sucl judge, commissioner,
or other judicial officer, on inspection of such
application, the same being in writing and duly
authenticated by the consular or other sufficient
ocla seal, shall issue bis warrant for the arrest
ot the person 20 complained uf directed To the
marshal Of the United States for the aI,proprinte
district, or in his discretion tu ANY urtson. being
cli2eh Of the United Slulrs whom he may
sprclally ierue ior tho purpose, reqnirinn such
person 10 be brought before him for examination
ht certain iimo nnd place; nnd #, on suob OK
nmhatlOn, IL shall bu mnda to nppenr that tho
person no arrested is citizen Of tho LutteJ
States, he shall he forthwith discharged from,
arrest, and shall be leli to the ordinary course
OF law. But il this shn hot DO male To apnrur
mud such judge, commissioner, or other iiiieini
authority shall Ind, upon the papers hureuhe-
loro referred sufficient prima iarie onaa
TINT the matisr concerns only the internal order
aud discipline of eueh foreign ship or vessel, or
whether IN liz nature viy or criminal does not |
effect affect directly the exuculi n Of the laws
OF the United Snies, or the rights aud duties of
any cltizcu Of the United States, hs shall r,lth
with, by his warrant, commit ench person ia
prison, where prsOnprl under sentence Of II
court OF ihe United States may bc lawfully com.
mltted, or to the muster or chief pilcer OF surh
foreign ship or vessel in his discretion. ia be
sulJect to the lawful orders CONTROL and dis
cline OF the master or Chief officer for the tin,e
being, of such ship, aud to the jurisdiction of Inc
consular or commercial authority of the nation
to which such ship or vessel may heloug. 10 the
exclusion of any authority or Jurisdiction in tbe
premises Of the United States or any State ther..
Of; Provided, ntecrtheleSs, That the expenses of
tho nIiest and the deientiOn Of the PERSON 80 mr.
rested shall be paid by the consul general cnn-
snls. or vice consuls; .iHd propided, further
Ihnt no person shall be detained more tLnn twn
months alter his unrest, but ut the end Of that
time shall be set at liberty and shall not again
be arrested for the same cause
Approved, June II, 1864