The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-07-09

Mr.. T. B. VAN buren,, United States Con-
sul-General at Kanagawa, in Japan, is per-
turbed ia his mind because a Senator OF the
United States recently called attention to
the wrongs inflicted upon American citizens
in countries of the East, by reason OF laws
comforting criminal jurisdiction upon our
Oonsuls, Vico-Consuls and Ministers in those
countries" Mr.. VAN BUREN writes home to
say TINT during eight years of official service
at Kanagawa his judicial proceedings have
met the approval Of all the foreign residents,
and to explain that the man whose trial and
conviction called out such condemnation in
the Senate ought to have been found guilty
OF murder, whereas the Consul at Hiogo
found him guilty Of manslaughter only and
the President pardoned him.
The case in question WAS that of JAMES
ONEIL, which we discussed when 1t was
originally brought before Congress. AS we
understood then, and as we understand now,
the action Of the Coneular Court was not the
subject Of criticism SO much as the right of
the Consular Court to act at all. The argu-
ment OF the counsel for the prisoner was that
the Constitution forbade the trial of civilian
for murder unless he was tried by n jury, and
that the constitutional right to o trial by Jury
applied to the Consular courts In Japan, as
well as to the Federal courts In this country.
Our statutes, treaties, and consular regu-
lations, however, assume to authorize the
COnsuls of tho United States in Eastern
nations to try Americans for crime without
jury. The wrongs of which complaint was
made in tho language that has excited Mr..
VAN BUREN are expressly declared to have
been oocasioned by reason OF 1.-The laws con-
ferring criminal jurisdiction upon our Con
suls, Vice-Consuls, and Minister'S" Certain
ly wrong Is done, In legal sense, to every
man, however guilty he may be In reality,
who is tried without q jury when the Consu-
tuition declares he Is entitled to be tried be-
fore jury; and the attention Of Congress
was very properly called to the fact that our
Legislation In reference to the trial OF Ameri-
can citizens for criminal offences in Japan
appears to permit the intiction Of precisely
such wrongs.
We confess we cannot SEQ why Mr.. VAN
BuREN should be troubled because the CON
stitutionalty OF n certain system Of criminal
procedure Is questioned. He IL very wide OF
tho mark when he says the subject seems
never to be alluded TO in Congress or the
press except by way of abuse OF the Consular
courts Our observation indicates that there
Is no disposition to crltioise the Consuls cx-
ocpt where they have exhibited gross igno-
rance OF the laws which their judicial func-
tions require them TO administer II the
fault was believed to be in the Consuls indl-
vidually, tho remedy would be simply
change In the personnel; whereas what Is
demanded is Il change in the statutes aud
regulations under which these officers act.
Tho demand seems to us just and ex-
tromely reasonable. Tho Consular courts
should not be permitted to infiict punish
ment for crime except upon the verdict OF
common-law jury Of twelve men. Wherever
Consul is liable 70 BIO called upon " preside