New-York tribune., 1886-11-14
4 CONSULAR OUTRAGE.

The negotia alton of an extraditon treaty
between the United States and Japan may open
the way for the abolition Of the Consular
courts with their unrestricted jurisdiction over
foreign citizens. Certainly there can be no
good argument for maintaining these courts
if it be admitted that the Empire is sufficiently
advanced IN civilization to justify the exchange
of fugitive criminals. The exceptional judicial
powers conferred upon American and Euro
pean Consuls- General can only be defended on
the ground that Japanese criminal law is so in
ferior to the codes of Nations Of higher grade
of civilization that an exceptional jurisdiction
must be established for the trial of cases in
which foreigners are implicated. An. extradi-
ton treaty deuOtes an approach to equality In
criminal law. The natural sequence to extra
dition would be the restor alton to the Japanese
courts of that territorial jurisdiction which is
jealously guarded by civ vilized nations.
A case recently decided by the United States
Consul General furnishes strong argument for
the revocation of arbitrary privileges which are
not infrequently abused. A defaulting pay
master of the United States Navy was arrested
Oh a fishing schooner of the coast of Japan
He had boarded the schooner after deserving
concealed his occupation, and had been taken
into port. The captain of the schooner was a
German citizen named Vollert (or Fullert), and
was not subject to the Jurisdiction of the
United States Consular court. Vollert was
arrested on blank warrant and tried on the
charge of aiding the abscOpding defaulter and
harboring him after his escape. The Consul
General, who had recently been appointed by
President Cleveland and was grossly ignorant
of the practice of the Consular courts, over
ruled his plea of German citizenship declared
that the court had jurisdiction by virtue of the
American ownership of the schooner, and
sentenced him to six months imprisonment and
the payment of fine of So. 600. An appeal to
the American Minister having been dismissed
Vollert remains to this day in Jail.
These facts, which we repeat OH the authority
of ex-Consul- General Van Buren, Indicate
gross miscarriage of Justice and an unwarrant-
able assumption Of authority. At the request
of ma, al officials this arrogant and ignorant
Consul General condemned German citizen
for an offence OF which be WAS clearly innocent
and thrust him into jail in direct defiance of
treaty law. Vollert by virtue of his foreign
was outside the jurisdiction of the
court. The fact that he was serving as master
of an American vessel would not have conferred
jurisdiction. But the schooner was not an
American vessel since it had been built in
Japan, and while it was owned by an Ameri-
can il was not entitled to American register.
There was not the slenderest pretext for con-
sdering the schoOner an American vessel or the
captain an American citizen. Yet the Consul
General Dresidiny over n court with jurisdic-
ton restricted to American Citizens issued
warrant in blank, had this foreigner arrested
illegally, and disregarding the proofs Of Lis in
Docence clapped him into jail. AS Mr.. Van
Buren, recites the facts in tho Japanese and