National Republican. (Washington City (D.C.)) 1872-1888, 1882-02-11
AN INTERESTING CASE.



An interesting, novel, and important case has
just been concluded by President Arthur in the
issuance of a pardon to James Webb, who had
been convicted and sentenced by United States
consular court at Nagasaki, Japan, to be hanged
for murder. II will be perceived that irrespective
of the details of the crime, the is singular and
exceedingly important. The consideration of this
matter was the immediate cause of a paragraph in
the Presidents annual message. In II drunken
seaman on the United States steamer Ranger,
stabbed Constantine Kashine, warrant officer of
the Russian naval steamer Craysser, then in the
port of Nagasak Japan. Three days afterwnrd
Kashine died from the effects of the wound in
hicted by Webb, The latter was arrested and tried
before Willie +. Mangum, United States consul,
with four assessors" sitting as consular court,
In pursuance of our treaty with Japan and the
extra territorial laws passed by Congress In 1860
ALTHOUGH THE PRISONER, WEBB,
was sentenced 10 be hanged the evidence clearly
showed that the legal elements of the crime Of
murder in the first degree were wanting, and that
Webb's crime was manslaughter.
The case was brought 10 the attention of the Sec
Fery o sta.e o h h ne mr. EyGT on ths ree
| and the Russian admiral OF the feet. who "ear-
nestly urged that the President be asked TO COM
mute sentence TO imprisonment" Secretary
Evorts transmitted TO Attorney General Devehs
| the resume of law and evidence prepared by Mr.
oConneT chief Of the Law Bureau Of the Depart
dents decision will, unon your (Deven's) recon-
mendation, BET favorable one" Thereupon Webb's
I bSHltuCc was 10 imprisonment llNe
years, and he was brought TO California and i'm
prisoned in the penitentiary AT 81. Quentin.
RECENTLY THE PRISONER PErTfiosED
for pardon, the papers being transmitted TO the
President by the warden Of the penitentiary, who
very earnestly s9iiciis the pardon, certifying,
WIN VII iS olioers TO webb Uniform good conduct
| prisoner rendered valuable service, displaying
"untiring energy and conducting himself heroic
ally during contlagration in the prison buildings
and thu taaterialy aiding in saving the State from
an enormous loss" He believes the prisoner TO be
thoroughly reformed man. Upon the brief pre-
| pared by Mr.. Gray, the pardon clerk, Attorney
| General Brewster Endorsed: 4" In this case, upon
the papers herewith submitted, think pardon
may properly issue" Thercupon President Arthur
directed the pardon TO issue us recommended"
| This case, and the proceedings on six Others
disposed Of Within the past few years where per-
sulnr courts in the East under authority OF the
Aforesaid acts OF Congress, were undergOngR thor
Ough review in the executive departments when
President Arthur prepared his annual message to
Congress last December. And this was the origin
Of the passage in the message in which the Presi-
dent says; "ln relation 20 both China and Japan,
some changes are desirable in our present system
Of consular jurisdiction, ! hope at some future
time 70 lay before you scheme for It's improve
APPEARS THAT PEW DAYS AFTER
the delivery of hisannual message the President
requested Secretary Blaine TO prepare statement
embracing the circumstances which make the
| necessity for changes in the consular jurisdiction
IN the East And shortly al.erward the President
| Blaine, which Is now under consideration by the
| Senate Committee on Foreign Relations. Much Of
| the report is devoted TO arguments, facts, &c.
which go to show that this consular Jurisdiction Is
Unconstitutional that these extra territorial
statutes set at naught the safeguard of trial by
| Jury; the right OF appellate proceedings is denied
that, In brlet, all constitutional guarantees to the
accused are ignored, and a consular court becomes
| an absolute, Independent law unto ITSELF possess
! ing powers greater than were ever conferred on
! the proconsuls Of the Roman Empire. In his
| special message transmitting the report to the
Senate, President Arthur says; :" regard this
| subject, 10 which have adyefted in my general
message 10 Congress- as one deserving the earnest
attention ofthe National Legislature"