New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-05
CONSULAR COURTS IN THE EAST.


MR. T. b. VAN BUREN, UNITED STATES CONSUL
GENERAL AT KANAGAwA, JAPAN. EXPLAINS GER
TAIN ALLEGED "oUTRAGEs UPON AMERICAN
CITIZENS"
To the Editor Of The Tribune
SIR: In the United States Senate on May L
ultmo certain record OF proceedings the application
of one James ONe for writ OF habeas corpus. argued
before and denied By the United States Minister in
apan was presented and after short debate referred
to the Committee on Foreign Affairs. The senator who
presented the paper called attention to the wrongs ILL.,
cted upon American citizens in countries OF the East
by reason laws comforting criminal jurisdiction upon
our Consuls Vce-Consus and Ministers III those coun
tries" The American czen," over whose PARTICULAR
WRONGS this sweeping condemnation was uttered~was
tried in the United states Consular Court at ogo the
wjfnl murder OF his superior officer His trial was con-
Quoted strictly according to the law OF Congress con-
siituting the court aud the accused was found guilty OF
manslaugiter IN the degree think tna perusa
of The evidence will convince anyone that 1t would have
justified verdict of murder. The killing was done with
knife which only driven into the body OF the
victim while he was sleep, but turned and twisted
in the wound in a manner the description OF which IN
court fired listeners with horror The sentence pro
nounced by the court twenty years imprisonment,
the punishment prescribed in the regulations of the
court and light enough one, think it will be granted
for sueh a crime; but, By late statute OF Con-
been limited TO ten years. The excess Of
the sentence was, therefore, RENTED by the
President and the prisoner by his directions sent
to the state Prison at San Quentin California, there TO
serve out Of ten years. He had scarcely more
than arrived there however when he was pardoned ana
set free What novel the President TO this mark OF
clemency know but regret that n was not de-
lsved until the questions involved in his could have
gone before the Supreme Court, which would have de-
termned many important issues the main one being the
consttuonaiy of the statute authorizing the trial OF
citizens charged with feones without the Intervention
Of juries.
During nv eight years of official service here myjudi-
cia proceedings have met the approval not only of my
Government bat of my fellOwciizens aud of residents
here of all natonaes. Forced to study the situation,
the defects the statute under which we are living here
became clear to me- and on numerous occasions have
presented my views to the Department of State, urging
that the subject be brought to the attention Of Congress
and radical change recommended In the provisions Of
law governing American czeus in the East and in the
tribunals to administer them. The subject seems how
ever never be alluded TO in Congress or the press eX
cept by way OF abuse of the Consular Courts and in
shedding tears over the Outrages upon American cti-
zensD such "outrages" being invariably the arrest,
trial and condemnation of those guilty OF murder kin
,ired crimes The rights of American merchants, law
vers doctors bankers, missionaries, abOrers, women
aud children engaged in the struggle OF life in these far
off countries, never 10 awaken the sesDlltles Of
our legislators newspaper writers at home; but let
some worthless vagabond commit the foulest murder,
and be arrested tired and condemned strictly according
10 law and 10 shout goes up TO Heaven against the
"barbaroEs Consular COURTS ana the leaIIui oiages
upon American citizens"
In all tried in my court have held that had
no au hority to decide constitutional questions, but that
it was my duty strictly TO carry out the provisions OF the
statute In what, then, has consisted the outrages
perpetraed upon those American citizens tried and
murder Is in
fact that they been tried without the intervention
jury II this is rtght guaranteed by the Consttu-
lion and the common law 10 American citizens beg To
nouire whose fault 1t is that IL not been enjoyed by
United states citizens In the East Certainly u ls not
that of the Consular Judges They have administered
the law as they found IT, Congress has enacted that
such trials should had before Consul and four asso
etates said associates TO be chosen list of the
respected citizens OF the district approved D he
this be wise or constitutional is not in the province OF
Consul to decide lie acts according To law, ana II
any outrage perpetrated is done by the law and
not with tae Consul so with regard the interven
tion grand jury. No provision Tor TINS Is made by
may take place upon the arrest of charged
with crime by sworn complaint before the Consul
Whatever the right or wrong of TINS question wmch hs
is not the proper place discuss most certain is that
If wrong exists 1t cannot be charged to the Consus but
10 the statute under which they act.
this is the only wrong winch the same statute
has enailed upon American citizens In TINS part OF the
world; upon other citizens tnan those Ouraged
ones interference with whose rgut to commit mar
with impunity SO arouses the Ire Oh wrlteis ana
sueakers at Most OF the states OF the American
Union have abolished imprisonment for deb, have
"A married woman protection III person
erty, and made ner competent witness III causes
wherein her husband IL party ana have HnnteS tne
time within winch prosecutions may be commenced by
the statute creating Consular Courts, we In the East
have reegated to tue tender merces of the cou-
mon aw with all It's old crude stringent provisions, ana
none of the tlore humane enactmens of our modern
state laws. Here Wrongs which may well enlist tne
feelings and employ energies OF ygant press ana
our National Congress Let there be provided for us
simple effective code of laws and tribunals 10 en-
force such Great Britain has pro
yided in Cnina and japan; let tue cumbersome pro-
visions for appeals the Circuit Court in California De
done away with and let there be enacted code OF pro
cedure plain but comprehensive
The siaute now in existence was enacted to carry
iu the treaties between the United states ahu
Japan Those treaties provide that Japanese may re-
cover their Just claims III tho Un'led states Con
sular Courts" Nothing be clearer Ii appears 10 me-
than that IL ID tnat u1Dunia was 10 DC pro
yded upon the soil of Japan IN which Japanese might
collect tneir Just clams and that they were no un
der nny circumstances be driven side their own
territory justice Ii, hen JAPANESE RECEIVERS udg
ment in United states Consular Court within Japan
II a direct and Migrant VOCATION Oh The
treaties to compel him. on all appeal 10 80 thosanus o
miles a strange tribunal IN strange
land, where his Judgment may be bet ASIDE ana lac
mulcted ID
senators, ny all means ventlate the whole sub
be taken for the benenI of American ciZens III the East
but the meantime, let fault-inders at home under
that the why their murderers are de-
Jury trials ana condemned only By judge
and four associates to be found In the OF tho
United states and not Ia the lawabidng proceedings OF
the Consular Courts. Your very obeaient servant
4. Il. VAN BUREN,
Yokohama, Japan June /, 1882.