New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-12-20
C0NNIrE. IR COERT.S.

A vivacious Frcnchman once remarked that
n sensible mans head is like a pins-it keeps
him from going too TAR. IL cannot he doubled,
after reading Mr.. Blainc's report on our Con-
sular Courts in Eastern countries that nothing
save the reliance of the State Department on
men with heads Of this character, III appoint
ments to the Eastern Consuatcs. has prevented
the absolute need before now Of a merclcss cX-
posure of the defects Of American legislation
on the subject.
For years. since lsGO, when the first general
Consular judicial law was framed by the collec-
tive wisdom of Congress, Our citizens within
the jurisdiction of our Consular Courts have
lived in an abiding faith that whatever infrac-
tons of the law they might commit were to be
iudged according 10 the laws of the United
States. And So too, we ut home have gazed
compacently upon the pin-hcad administration
of Justice by our mercantile representatives IN
countries where extra erritOuality is ours 10y
covenant or consent, and thanked the Lord
that we were not rs other men are, Liable to be
hanged OF disembowclled or impaled by the
arbitrary processes Of Oriental law for I'M
known crimes but that from the folds Of the
American flag aud the Outstrctched wings OF
the National bird, there distilled, in metaphor
cal sense, upon all citizens beneath, the sweet
essence Of pure common and statute law, just
and immutable. 1t may now perhaps occur 10
some of US, and especially To that happily
limited class who find themselves inspired by a
grinding pressure 10 the commission OF mis-
deeds, that, upon a closer knowledge of the
constitutional features Of orr extra territorial
system, it may on the whole be safer to indulge
IN felonious inspirations at home, and trust to
the benign sympathies of Judicial tribunal,
than to run the risk of having to face a common
sense Consul, armed with absolute power and
competent to indict try, convict and sentence.
with only a diplomatic officer above him TO
decide appeals and direct the execution of a
sentence. Whatever may be the defects of THE
system which Mr.. Blaine has so tcrsey pointed
out it is quito unlikely that emotional or
hereditary or inspired insanity would find in
Madagascar or Siam the same lenicncy il meets
in sight of the Capitol dome.
And yet, on reading the Secretary's report TO
the President, an abstract of which we print
elsewhere, il may be questioned whether the
jurisdiction of common sense is, after ALL so GER
tain and so fraught with safety rs to do away
with the me-hOnOred needs Of cOnstitutonality
and the safeguards of the common law. The
Constitution seems to play subordinate
part in the system built up in the East under
our statutes In fact there is the gravest
doubt whether there is any constitutionahty
about it at all. The foundation of the Consular
scheme of justice is, apparently, that, extra
territorality of jurisdiction being conceded by
treaty, the judicial powers to be exercised flow
from treaty rather than from the Constitution
and law of the home country. The statute
makes a Court, not n tribunal, Of an Individual,
not of judge. The individual, presumably
selected for his Consular Office by reason of his
commercial knowledge and fitness TO foster the
material interests of our shipping and traders
in the maIts OF the East, is practically cut
adrift from relation to- or appellate dependence
upon, the Federal judicial scheme and is
moreover, invested with authority TO administer
the Constitution and statutes of the United
States and exercise all jurisdiction at law and in
equity and admiralty and maritime iurispru-
dence, with absolute independence Of discretion
as to how far this vast Judicial framework may
be suitable OF sufficient to his needs. Not only
this. the common law and the law Of equity
and admiralty Of England and Of all countries
are at his elbow rs a convenient reserve fund of
iuridical wisdom, to be supplemented, if no
deem At proper, by such decrees and regulations
as lie shall promulgate, to have the force of
law, if he shall deem the stupendous resources
he starts with insufficient.
With this elastic code at command. he is
next to apply the laws which he is thus compe-
tent TO make. Take a capital ease as a good
example. Upon an authentic complaint or in
formation, or upon his own knowledge, the
Consul may issue his warrant for the arrest OF
the culprt. As the Minister in the same coun-
try may also exercise original jurisdiction in
capital cases. it is not clear which has the prior