The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-07
LIMITATION OF CONSULAR JURIS-
DICTION IN OUR COURTS

A very i'm ortanJ question mas Just been ruled
upon in the Marine Court, which determines the
extent Of consular jurisdiction and defines Its
INIT IN the courts OF this country An action was
some time ago instituted by young German
sailor, his guardian, 10 recover dana ges
sgains, the Chief mate OF his vessel. Both parties
are subjects OF the German Empire, serving
boa d the German vessel Pnilp Weyergang. The
plaintiff alleged that The 9Th OF February last,
on board the bark Weyergang then ly.ng In this
port, the defendant. William Junker, chef mate,
violently assaulted and beat hun. The cause was
Instituted by the service upon the defendant OF
the usual summons &c. 1ncreupon Herman Il.
Schumacher, Consu! General OF tue German En-
pre- at this port, appeared by counsel in court
and protested against the assumotion OF JurIsdIc-
ton in the case by tue Marine Court, such jurls-
Jiction, he CLAIMED. beng exclusively reserved
10 his consulate. The acton on the part OF ina
Consul General Ia based upon the thirteen ar
acle OF the Consular Convention between the
United States ana the German Empire, proclaimed
June l. 1877. Annexed 10 the an tnorization Oh the
Con III General to his counsel, served upon the
Court the athdayit OF the master OF the vessel,
SHOWING the nationality OF the snip 80 German
as male ana seaman, Shipped IN Germany; also
toat the assault and battery complained VI was
comm ted on board sucn German snip wDlle lyiDg
IRON the vessel Neither OF these iacts beng ae-
MED they were accei ted by the Court.
JUDGE JOACHIAsEN's DECISION,
To the mOuon Oi counsel acLlAg Tor the Consul
General, planIln OUJects:-
Fr-rhat the Consul General not being party to the
ncuOn mas no standing IN Court
send-inat the section OF the treaty referred to is
me mrs. OF these corrections Is untensbe n the Con-
meansh not gwen IN EXPRESS terms then hy
inference TO make his lursdeuon eBectua bs susees-
For ms ne mus, be hed % have
Tor come to ths Cur, q, en an aea ao% ,
first instance; and see no reason why he has not the
nnq uestlonsU y higher tribunal TO compel Us
70 40 on he idenIca PROPOSITION now pnt beiore me,
i whether the Consul General possesses The jurs-
between the Tinted tstes and the German Empire has
cas- the one before In support Of the
Soasuls claim AN Ieierred To- the ;reaty ana TO me
Tie Of Petersen vs. BrocNelman and TO the decision
Judge J9aehm.en men reeites the raes Of the Marine
Court Of feernarg q sf snd o. March 3D. lsa a., 10
CAIN made, and IL becomes necessary TO refer 70
wish define the rights pIivieges imnunities and du.
Ie nj Se me gurt Of fedeps n9nar, u nave rahtfy
Invested courts o. their consti tuiona functions
Power. Article 3 of the says'topsus General
either at sea Or IN port between me captains officers
the execution Of mutual contracts Neither any court
enees except 10 eases where the differences on board
ship OF nature to disturb the peace and public
port o shore" 4 he version OF tns
Convention in the German language has the word
'shelngkctten' the equivalent the BnglIsh term
dn~rcncrzh Tie Jurisdiction OF courts
~ the whole subject matter OF where the differ
eDcc board ship OF a nature To disturb the peace
sud pubic order IN port shore. Ibe does
not "rivil' ~criminal' II 'cvilr
Or criminal" courts IL excepts from the Consular
ilcuon IN the OF disturbances peace
ana pubic order AssUu aud batteries riots mufnes,
are such differences To MAKE tins Consular valid
would have 20 be admitted that Of q murder
robbery committed on board tie ship by one
Npun another OF the SHIPS company white our terri,
tory our criminal ana sanitary laws not en-
forced Tor want OF jurisdiction For such
/ 10 Judge or court car Ana law In the
where IL the lurisdlctton TO punish in the
criminal court " necessarily remains in the
tor ie civil DAMAGES aud the either Is
OPTIONAL The ursdic uOn Of the whole subject
differences IN the nature disturbance the peace
and public order on board ship-has by the ton
been expressly excepted from the In matters
treoues the contracting nations must
~ perfect equahtY IL Is much saw
that ia the territory 81 the German hmpfe the
deficit commissi would not hesitate 70 entertain a
prosecution for punishment as well fJr recovery
damages, either arising nom decta pubica within
] Which term assaults and batteries can Justly be-
ca-ed The words delcta Dnblica, terscy describe the
difference OF nature 20 disturb the peace ana public
order and convertible terms VIII What arc Known
20 law as torts committed VI ct arms ct
contra paccu.
Dyerrulcs preceding more general Vrps OF 'trr-