National Republican. (Washington City (D.C.)) 1872-1888, 1881-01-12
A Lively Showing of Their Extraordl-


A Lively Showing of Their Exfraordl-
nary Powers
| To The Editor Of The National Republican:
| Having represented the United States con-
sui in China about five years, L" a fellow feel
| ing" impels me to take q lively Interest in our
consular and diplomatic affairs in general, and in
China especially The debate in the Senate on
| the 7th instant upon Senator Carpenters amend
| ment to the consular and diplomatic appropriation
BILL striking out those provisions for consular jails
their keepers, and the care of offenders struck
chord that has too long remained untouched and
if Senator Carpenter will take the necessary steps
TO remodel our civil and criminal jurisprudence
in that country and others where laws are SIM
| ilarly administered he will confer favor upon
Americans living and doing business i'll those cOun.
tries, and likewise remove from our statute boo ks
the most absurd if not outrageous civil and Grim
inal code known to civilization will not incum-
Der this communication by quoting even the par
ticularly absurd sections of the law of Congress
comforting
JUDICIAL FUNCTIONS
upon consuls in certain countries but will remark
| that any person desirous of reading them can do
so by consulting title IL, Revised Statutes pageS 7
| TO 79 inclusive. During my experience in China
| knew personally of seven coISIllS who were not
lawyers, and doubt if there ever was vice-con-
sui i'll China who was alawyer; yet in the absence
of the consul the judicial ernne descendS 10 their
| shoulders. Since Burlingame we have not had q
minister TO China who was profeSSed lawyer. Ex-
Minister Seward, who was also sulgeneral at
| Shanghai many years, was nOta lawyer. Read the
law referred to. Mr.. Editor. and note the astonSh-
| ing powers conferred byitupon cOnsulS They NAV
| lowest misdemeanor to murder. They have
UNLIMITED CIVIL JURISDICTION.
The law provides for associates in some eases
discretionary with the consul, net to exceed four
in number i'll any case 10 sit with the consul totry
causes. This Is sort of statutory substitute for the
constitutional jury, to which of Us are partial
when our life or property is in legal jeopardy Con-
sul-General Seward once tried, convicted and hung
| a man for murder. The man was probably guilty.
but that does not alter the case His execution re-
| mained legal murder all the same, as he was de-
prived of the constitutional right of trial by iury
| The same thing may happen any day in any CON
Sular court in China and several other countries
and found man guilty Of murder in Turkey
1t mas been generally supposed that the
OLD NATIONAL BANKRUPTCY LAW
provided certain special machinery for its exc
! cution distinct from other judicial proceedings
| the absence of which rendered void any proceed
ings under it. still, courts in China used to put
persons through bankruptcy in the utter and alb
Solute absence of any of said special machinery
A letter 10 myself from friend in Japan per last
mail states that our new consul at Nagasaki had
Just put American citizen through bank rJIptcv
| under law long since repealed by Congress. 4
great deal of stress has been laid in this country
upon the absorption of the civil law by the mill
tary; but what is to be said Of system that allows
three naval officers TO descend from the quarter
| deck of manofwar and sit associates i'll &
| civil court with consul in China. trying an
American citizen for abdueting Chinese nun as
was recently
THE CASE At wENCHow?
| wish il understood that am not crticsing our
consuls naval officers, but the system that puts
! such onerous duties upon them. particularly when
they are not lawyers. senator Carpenter has his
! legal nose pointed in the right direction The
system, which, as he rather sarcaStically implied
and which he well knows, is unconstitutional
should be uprooed, and one substituted for it that
will bear inspection.
But the plan intimated by the Senator he
should bring forward 10 correct this evil is not
in my Judgment and experience the best one
This letter is already too long admit of my Civ
ing and properly defining the system which i re-
gard as the better substitute for the present one
but later on will perhaps give il with some
details. Yours, &c, &c