Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
OUR CONSULAR SYSTEM.

uc ITcSlutul Ids ouUuIIGCu w COA-
gress that portion of the report of Secre-
tary Blaine referring to the necessity OF
introducing notifications in the consular
judicial system established by the United
States in China, Japan and other coun-
tries where the system has been estab-
lished under existing treaties. The Sec
rotary treats the subject in his usual
comprehensive and vigorous style, and,
without fully committing himself to
the unconstitutionality of the sys-
tenn, proceeds to examine those features
of our consular law which are believed
to be at war with those safeguards which
the constitution throws around the per-
son of the citizen. He assumes that our
treaties with those countries cannot con-
fer on Congress greater power over the
rights of American citizens there than
the constitution itself gives; that the con-
sular courts constitute no part of the
judicial system-inferior to the Supreme
Court-contemplated by the constitution.
The fact that the jurisdiction OF these
tribunals is exercised outside the terrific
rial limits of the United States, is, in the
judgment of the secretary, not sufficient
grounds for emitting the forms of indict-
ment and trial by jury, made mandatory
under the constitution, in criminal cases
within the jurisdiction OF the United
States the right of appeal being lodged
in the discretion of the judge, under
the consular judiciary act. The secretary
takes the ground that this defect renders
the law inconsistent with the federal ju-
dlcial system of this country, of which
the consular system must necessarily be
part. Under the consular law the min
lister or consul may or may not, as he
may determine, submit his own decision
in capital cases to the clemency of the
executive. This is considered by the Sec
rotary as the exercise of the executive
prerogative of pardon. The practice
which obtains in the consular tribunals
of minister and consuls making DEGREES
and regulations for the conduct of trials
in the courts over which they preside, is
pronounced by Mr.. Blaine to be an un-
due exercise of the legislative functions,
inconsistent with the judicial functions.
The sweeping provisions Of the con
sular statute, which makes the minister
or consul the judge Of how far the do
mestic law, which Congress extended to
the treaty countries, may be necessary,
and which empowers him to administer
at his own election the common law and
the law of equity and admiralty, and the
authority to supply such deficiencies in
existing codes as he may deem proper,
are, in connection with the codi1ed stat
utory law on the subject, arraigned as Of
doubtful constitutionality.
As substitute for the present system,
the secretary considers mixed inter-
national. court, such as in Egypt, i'm
practicable, and recommends the estab-
lishment of high court of the United
States at the centre of foreign
intercourse and the appointment
of an American Judge there with func-
tinns similar to those of judge of the
federal district courts of the United
States, with a clerk, and also provision
for selecting grand and petit juries; the
nomination Of associate judges in the
larger commercial cities; the promulga-
ton of a well digested code, and lastly,
appellate recourse to the circuit courts OF
the United States.