Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-14
Consular Courts and rrissas.

When the Consular appropriation bill was
under consideration one day last week IN
the Senate. Senator Matt. Carpenter moved
to strike out the clause appropriatiag 81
500 for the rent of prisons for the safe
keeping Of American conyictS IN China.
Mr.. Carpenter said he wished some Senator
who was familiar with the constitution and
had few minutes leisure would inform him
under what constitutional authority prisons
were kept up in foreign countries. OF
course there must be something in the con
stitution to sanction il, else Senators would
not 60 on wear after year appronriating
money for prisons But he had sought in
vain for any constitutional authority TO Try
citizens of the United States for crimes eN-
cept upon the presentmcnt of 4 grand jury.
There was no right to try men without q
Judge or jury If the practice should BE-
kept up. it could only he justified on the
theory that whatever Congress thinks on the
whole to be about right is constitutional.
Mr.. Voorhees, Of Indiana asked if 1t WAS
not true that man is now awaiting cXccu
ton in Turkey on sentence by one Of thcs"
consular courts which was no more lcga!
than 4 sentence hy the Comanche Indian
would be. Mr.. Carpenter understood that
to be the case He would not he opposed
to providing for foreign courts. such rs those
of Great Britain. but they should be- conduct
ed constitutisnally.
Mr. Iloar of Massachusetts referred to the
necessity of some Judicial process in the
mi-barbarous countries TO defend our ciii-
zens from injustice in these foreign countries
To strike out these provisions would have no
good effect. lie agreed with The Senator
from Wisconsin that a change in the system
should be made il 4 thorough manuer.
Mr. Carpertcl said his object in making
the motion was TO bring the subject before
the Senate. We have no right to do, under
n treaty with China or any other nation, what
is prohibited in the Constitution. The En-
pcror of China cannot clothe us with power
to do what the Constitution does not permit
us to do Mr.. Carpenter intended before the
close of this session TO introduce bill on this
subject
Mr.. Perdlcton of Ohio referred to the case
of a man sentenced to death in Turkey by
Minister Maynard, and showed that, under
the statutes, q minister was required TO refer
his decision in civil cases to the President
Dul III tliull.l.l tdNto Nv " as npt, anu Io'iA
hang a man the day after he had sentenced
him.
In further debate, Mr.. lloar said the con-
stitution authorizes no courts, except in 4
State or Territory" Consequently, accord
Ing TO the argument of the Senators from
Wisconsin and Ohio, no extra territorial
courts can he established, and American sea-
men are to be left to the fantastic Justice Of
Chinese fuuclionarics,
Mr. Brown of Ga. said that until the stat
utes whether constitutional or not author
izing ministers to employ prisons were re
pealed, we should make the necessary a3-
preparation to pay for them. He was ready
to vote 10 repeal the statutes, but, until tha
was proposed, he must oppose this amend
ment The question further arose, What
are we to do with American offenders in