Year: 1865

AN to provide for the execution Of treaties be.


tween the United States and foreign nations respect


ing consular jurisdiction the of vessels of


such ioregn nations In the waters and ports Of the


United States.


Be it enacted Jy the Senate and House of Repre-
sentatiues of the United States of America in Con-
greSs assembled, That in all cases where it NAV have
been or shall hereafter be stipulated ty treaty
ventlon between the United Scles and any foreign
nalOn 10 Inc effect that the cODsul-genera consul,
vce'consul or consular or commercial agents of the
donations, respectively shall have exclusive uIsd
ton of controversies, difficulties disorders arising
at sea OF IN the waters or ports the nation, be
tween the master and other officer officers and anv
O the crew, or between any of the last themselves of
any ship vessel belonging to the other nation such
stipulation shall be executed aud enforced within the
jurisdiction OF the United States hereinafter deca
ed Provided, That before this act shall take effect
TO the ships and vessCs OF any particular nation hav
ing such treaty with the United States the President
Of United States shall have been satisfied that sim
liar provisions have been made for the execution Of
such treaty by the other contracting party, and shall
have issued his proclamation TO that effect declaring
this act TO be in force as to such nation.


Sec 2. And be At further enSced That in all
within the purview Of this the consul general
su or other consular commercial authority Of such
foreign nation charged with the appropriate duty in
the particular case may make application 10 any court
OF record of the Unltel States any Judge thereof
or 10 any commissioner appointed under the laws of
the United aes, 10 take bail afdavIts for other
judicial purposes Whatsoever, setting forth that such
controversy difficulty, disorder has arisen, briefly
stating the Iture thereof, and when and where the
same occurred, and exhibiting certified copy
tract Oi the shipping articles roll other proper paper
OF the ship or vessel TO the effect that the per
question is of the ships company OF such ship
or vessel and further stating and certifying that such
person has withdrawn himself, is believed 10 be
about 10 withdraw himself, from the control and dis
cpne of the and officers of the said shin or
vessel, or that he has refused, is about to refuse
to submit to and obey the lawful jurisdiction of such
consular or commercial authority the premises and


further stating and certifying that, the best Of the
knowledge and belief the officer certifying such per-
son il not citizen Othe Uned States and lhereupon
such Judge, commissioner OF other judicial officer ON
inspection of such application the being in wr-
ting. and duly authenticated by the consular other
sufficient Off lal SEAL shall his warrant for the
arrest OF the person complained Of directed TO the
marshal oil the United States for the appropriate dis


rlc or IN his discretion 10 any person. being citizen
ofthe United States. whom he may specially depute


for the purpose requiring such person 10 be brought
before him Tor examination al certain time and place;
and it, on such examination. it shall be made appear
that the person so arrested a citizen of the United
States, he shall forthwith be discharged from arrest,
and shall be left 10 the ordinary of law. But il


this shall not be made to appear, and such Judge cem-
missioner or other judicial authority shall find, upon
the papers herenbelOT referred TO- sufficient prma
facie case that the matter only the inter nal
order and discipline Of such foreign ship vessel
whether In ITS nature civil or CRIMINAL does not effect


afect directly the execution of the laws OF the United
States or The rights and duties Of any citizen of the
United States he shall forthwith by his warrant COM
init such person TO prison, where prisoners under
tence OF q court of the United States may be lawfully
cOhnled or 10 the master or Chief ofcSr oil such 1Or
egn ship or vessel in his discretion, TO be subject TO
the lawful orders, control and discipline of the master
oc chief officer for the time being Ofsuch ship, and to
the jurisdiction OF The consular commercial author
ity Of the nation which such ship vessel may be.
long. TO the exclusion OF any authority jursd


i'll the premises ofihe United States any States there
Of: Provided, nevertheless That the expenses OF the
arrest and The detention of The person arrested shall


be paid by the consul general cOnsuls and vice con
suls And provided further, That person shall be
detained more than two months after his arrest, but al
tho nj hat hall bn d.k.o
not be arrested for the cause.


Approved. June ii, 1864