Chapter CLXXIX. *to carry into Effect Provisions of the Treaties between the United States, China, Japan, Siam, Persia, and other Countries, giving certain Judicial Powers to Ministers and Consuls or other Functionaries, of the United States in those Countries, and for other Purposes.* June 22, 1860. *Be it enacted
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Chap. CLXXIX.— An Act *to carry into Effect Provisions of the Treaties between the United States, China, Japan, Siam, Persia, and other Countries, giving certain Judicial Powers to Ministers and Consuls or other Functionaries, of the United States in those Countries, and for other Purposes.* June 22, 1860. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That, to carry into full effect United States ministers and consuls in China, &c., to have certain judicial powers. the provisions of the treaties of the United States with the empires of China, Japan, and Siam, respectively, the minister and the consuls of the United States, duly appointed to reside in each of the said countries, shall, in addition to other powers and duties imposed upon them, respectively, by the provisions of such treaties, respectively, be invested with the judicial authority herein described, which shall appertain to the said office of minister and consul, and be a part of the duties belonging thereto, wherein the same is allowed by treaty.
As to crimes and misdemeanors. Sec. 2. *And be it further enacted,* That in regard to crimes and misdemeanors, the said public functionaries are hereby fully empowered to arraign and try, in the manner herein provided, all citizens of the United States charged with offences against law, which shall be committed in such countries, respectively, and, upon conviction, to sentence such offenders in the manner herein authorized; and the said functionaries, and each of them, are hereby authorized to issue all such processes as are suitable and necessary to carry this authority into execution.
THIRTY-SIXTH CONGRESS. Sess. I. Ch. 179. 1860. 73 Sec. 3. *And be it further enacted,* That, in regard to civil rights, Authority as to civil rights.whether of property or person, the said functionaries are hereby invested with all the judicial authority necessary to execute the provisions of such treaties, respectively, and shall entertain jurisdiction in matters of contract at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed; and in all other matters at the port where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained, any such port above-named being always one of the ports at which the United States are represented by consuls; which jurisdiction shall embrace all controversies between citizens of the United States, or others, provided for by such treaties, respectively.
Sec. 4. *And be it further enacted,* That such jurisdiction in criminal Civil and criminal jurisdiction, how to be exercised and enforced.and civil matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to execute such treaties, respectively, extended over all citizens of the United States in the said countries, (and over all others to the extent that the terms of the said treaties, respectively, justify or require,) so far as such laws are suitable to carry the said treaties into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies, the common law, including equity and admiralty, shall be extended in like manner over such citizens and others in the said countries; and, if defects stilt remain to be supplied, and neither the common law, including equity and admiralty, nor the statutes of the United States, furnish appropriate and suitable remedies, the ministers in the said countries, respectively, shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies.
Sec. 5. *And be it further enacted,* That in order to organize and carry Ministers to prescribe forms of process to be used by consuls.into effect the system of jurisprudence demanded by such treaties, respectively, the said ministers, with the advice of the several consuls in each of the said countries, respectively, or so many of them as can be conveniently assembled, shall prescribe the forms of all processes which shall be issued by any of said consuls; the mode of executing and the time of Form of trial oaths, costs, &c.returning the same; the manner in which trials shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; the costs which shall be allowed to the prevailing party, and the fees which shall be paid for judicial services to defray necessary expenses; the manner in which all officers and agents to execute process, and to carry this act into effect, shall be appointed and compensated; the form of bail-bonds, and the security Bail-bonds and appeals.which shall be required of the party who appeals from the decision of a consul; and generally, without further enumeration, to make all such decrees and regulations from time to time, under the provisions of this act, as the exigency may demand; and all such regulations, decrees, and Regulations, &c., to be in writing.orders shall be plainly drawn up in writing, and submitted, as above provided, for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and after taking such advice, and considering the same, the minister, in the said countries, respectively, may, nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, make it to become binding and obligatory, until annulled or modified by Congress; and it shall take effect from the publication or any subsequent day thereto named in the act.
Sec. 6. *And be it further enacted,* That all such regulations, orders, Regulations to be sent to Secretary of Stateand decrees, shall, as speedily as may be after publication, be transmitted by the said ministers, with the opinions of their advisers, as drawn up by 74them severally, to the Secretary of State, to be laid before Congress for revision. Consul may issue warrant for arrest, &c., of any citizen of the United States. Sec. 7. *And be it further enacted,* That each of the consuls aforesaid, at the port for which he is appointed, shall be competent, under the authority herein contained, upon facts within his own knowledge, or which he has good reason to believe true, or upon complaint made, or information filed in writing and authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the country an offence against law; and when arrested, to arraign and try any such offender; and upon Punishment.conviction, to sentence him to punishment in the manner herein prescribed; always meting out punishment in a manner proportioned to the offence; which punishment shall, in all cases, except as is herein otherwise provided, be either fine or imprisonment.
Jurisdiction of consuls; without appeal. Sec. 8. *And be it further enacted,* That any consul, when sitting alone for the trial of offences, or misdemeanors, shall finally decide all cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed sixty days. And there shall be no appeal therefrom except as provided in section eleven of this act. But Punishment for contempt.no fine imposed by a consul for a contempt committed in the presence of the court, or for failing to obey a summons from the same, shall exceed fifty dollars, nor shall the imprisonment exceed twenty-four hours for the same contempt.
Jurisdiction of consuls with appeal therefrom. Sec. 9. *And be it further enacted,* That when sitting alone he may also decide all cases in which the fine imposed does not exceed five hundred dollars, or the term of imprisonment does not exceed ninety days; but in all such cases, if the fine exceeds one hundred dollars, or the term of imprisonment for misdemeanor exceeds ninety days, the defendants (or any of them, if there be more than one) may take the case, by appeal, before the minister of the United States, if allowed jurisdiction, either upon errors of law or matters of fact, under such rules as may be prescribed by the minister for the prosecution of appeals in such cases.
Consul may call to his assistance, in certain cases, not over four persons, &c. Sec. 10. *And be it further enacted,* That whenever, in any case, the consul shall be of opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or whenever he shall be of opinion that a severer punishment than those above specified will be required, he shall, in either case, summon one or more citizens of the United States, not exceeding four in number, taken by lot from a list of individuals which shall have been submitted previously to the minister for his approval, but in capital cases not less than four, who shall be per sons of good repute and competent to the duty, to sit with him in the trial, and who, after so sitting upon the trial, shall each enter upon the record his judgment and opinion, and sign the same.
The consul shall, however, give judgment in the case; but if his decision is opposed by the Proceedings in such case.opinion of one or more of his associates, the ease, without further proceedings, together with the evidence and opinions, shall be referred to the minister for his final adjudication, either by entering up judgment therein, or remitting the same to the consul with instructions how to proceed therewith; but in all such cases, except capital offences, if the consul and his associates concur in opinion, the decision shall be final, except as is provided in section nine of this act.
Jurisdiction in civil cases arising under treaties. Sec. 11. *And be it further enacted,* That the consuls aforesaid, and each of them, at the port for which he is appointed, shall have jurisdiction, as is herein provided, in all civil cases arising under such treaties, respectively, wherein the damage demanded does not exceed the sum of five hundred dollars; and if he sees fit to decide the same without aid, his decision thereon shall be final; but if, in his judgment, any case involves legal perplexities, and assistance will be useful, or if the damage demanded exceeds five hundred dollars, in either such case it shall be his 75duty to summon to his aid, from a list of individuals which shall have been nominated for the purposes of this act to the minister and received his approval, not less than two nor more than three citizens of the United States, if such are residing at the port, of good repute and competent to the duty, who shall with him hear any such case; and if the consul and his associates concur in opinion, the judgment shall be final; but if the associates, or any of them, differ from the consul, the opinions of all shall be noted on the record, and each shall subscribe his name to his assent to or dissent from the consul, with such reasons therefor as he thinks proper to assign, and either party may thereupon appeal, under such regulations as may exist, to the minister; but if no appeal is lawfully claimed, the decision of the consul shall be final and conclusive.
Sec. 12. *And be it further enacted,* That in all cases, criminal and civil, Evidence to be taken in writing in all cases, and objections noted.the evidence shall be taken down in writing in open court, under such regulations as may be made for that purpose; and all objections to the competency or character of testimony shall be noted, with the ruling in all such cases, and the evidence shall be part of the case. Sec. 13. *And be it further enacted,* That the minister of the United Jurisdiction of minister in civil and criminal cases.States in the country to which he is appointed shall, in addition to his power to make regulations and decrees, as herein provided, be fully authorized to hear and decide all cases, criminal and civil, which may come before him, by appeal, under the provisions of this act, and to issue all processes necessary to execute the power conferred upon him; and he is hereby fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby; and he may also prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon justifiable grounds.
Sec. 14. *And be it further enacted,* That in all cases, except as is Punishment of offences to be fine or imprisonment, or both, and proportioned to offence.herein otherwise provided, the punishment of crime provided for by this act shall be by fine or imprisonment, or both, at the discretion of the functionary who decides the case, but subject to the regulations herein contained, and such as may hereafter be made. It shall, however, be the duty of each and every functionary to allot punishment according to the magnitude and aggravation of the offense; and all who refuse or neglect to comply with the sentence passed upon them shall stand committed until they do comply, or are discharged by order of the consul, with the consent of the minister in the country.
Sec. 15. *And be it further enacted,* That murder and insurrection, on Offences punishable with death.rebellion against the government of either of the said countries, with in tent to subvert the same, shall be capital offences, punishable with death; but no person shall be convicted of either of said crimes, unless the consul and his associates in the trial all concur in opinion, and the minister also approves of the conviction; but it shall always be lawful to convict one put upon trial for either of these crimes, of a lesser offence of a similar character, if the evidence justifies it; and when so convicted, to punish, as for other offenses, by fine or imprisonment, or both.
Sec. 16. *And be it further enacted,* That whenever any one shall be Sentences of death how executed.convicted of either of the crimes punishable with death, as aforesaid, in either of the said countries, it shall be the duty of the minister to issue his warrant for the execution of such convict, appointing the time, place, and manner; but if the said minister shall be satisfied that the ends of public justice demand it, he may from time to time, postpone such execution; and if he finds mitigatory circumstances which may authorize it, may submit the case to the President of the United States for Reprieve or pardon.pardon.
Sec. 17. *And be it further enacted,* That it shall be the duty of the Minister to establish tariff of fees, how to be paid.minister in each of the said countries to establish a tariff of fees for judicial services, which shall be paid by such parties, and to such persons, 76as said minister shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of this act; and regular accounts, both of receipts and expenditures, shall be kept by the said minister and consuls and transmitted annually to the Secretary of State.
Certain criminal cases may be settled. Sec. 18. *And be it further enacted,* That, in all criminal cases which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the minister in the country, or consul, to adjust and settle the same among themselves, upon pecuniary or other considerations. Settlement of civil controversies favored. Sec. 19. *And be it further enacted,* That it shall be the duty also of the said ministers and the consuls to encourage the settlement of controversies of a civil character, by mutual agreement, or to submit them to the decision of referees agreed upon by the parties, a majority of whom shall have power to decide the matter.
And it shall be the duty of the minister in each country to prepare a form of submission for such cases, to be signed by the parties, and acknowledged before the consul: and Arbitration.when parties have so agreed to refer, the referees may, after suitable notice of the time and place of meeting for the trial, proceed *ex parte,* in case either party refuses or neglects to appear; and, after hearing any case, may deliver their award, sealed, to the consul, who, in court, shall open the same; and if he accepts it, he shall indorse the fact, and judgement shall be rendered thereon, and execution issue in compliance with Proviso.the terms thereof: *Provided, however,* That the parties may always settle the same before return thereof is made to the consul.
Ministers and consuls may call on local authorities. Sec. 20. *And be it further enacted,* That the ministers aforesaid and consuls shall be fully authorized to call upon the local authorities to sustain and support them in the execution of the powers confided to them by said treaty, and on their part to do and perform whatever is necessary to carry the provisions of said treaties into full effect, so far as they are to be executed in the said countries, respectively. Provisions of this act as to crimes mid offences to extend to Turkey.
Sec. 21. *And be it further enacted,* That the provisions of this act, so far as the same relate to crimes and offences committed by citizens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty, and shall be executed in the Ottoman dominions in conformity with the provisions of said treaty, Vol. viii. p. 408.and of this act, by the minister of the United States and the consuls of the United States [appointed] to reside therein, who are hereby *ex officio* vested with the powers herein conferred upon the minister and consuls in China, for the purposes above expressed, so far as regards the punishment of crime, and also for the exercise of jurisdiction in civil cases wherein the same is permitted by the laws of Turkey, or its usages in its inter-course with the Franks or other foreign Christian nations.
Meaning of words “minister” and “consol,” in this act. Sec. 22. *And be it further enacted,* That the word minister, when used in this act, shall be understood to mean the person invested with, and exercising, the principal diplomatic functions in each of the countries mentioned in the first section of this act The word consul shall be understood to mean any person invested by the United States with, and exercising the functions of consul-general, vice-consul-general, consul, or vice-consul in any of the countries herein named.
And if at any time there be no minister of the United States in either of the countries hereinbefore mentioned, the judicial duties which are imposed by this act upon the minister, shall devolve upon the consul-general or consul residing at the capital of the country, who is hereby authorized and required to discharge the same. These officers responsible to the United States. Sec. 23. *And be it further enacted,* That all such officers shall be responsible for their conduct to the United States, and to the laws thereof, not only as diplomatic or consular functionaries, respectively, but as judicial officers, when they perform judicial duties, and shall be held liable for all negligences and misconduct as public officers. 77 Sec. 24. *And be it further enacted,* That capital cases for murder Murder insurrection, how tried.or insurrection against the government of either of the countries herein before mentioned, by citizens of the United States, or for offences against the public peace amounting to felony under the laws of the United States, may be tried before the minister of the United States in the country where the offence is committed if allowed jurisdiction; and it shall he competent for each of the said ministers to issue all manner of writs, to prevent the citizens of the United States from enlisting in the military or Enlistments may be prevented.naval service of either of the said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any other portion of the same people; and he may carry out this power by a resort to such force as may at the time be within his reach, belonging to the United States.
Sec. 25. *And be it further enacted,* That the President be, and he Marshals may be appointed for consular courts.is hereby, authorized to appoint marshals for such of the consular courts in the said countries as he may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars Pay.per annum, in addition to the fees allowed by the regulations of the said ministers, respectively, in the said countries; and it shall be the duty of Duties.the said marshals, respectively, to execute all process issued by the minister of the United States in the said countries, respectively, or by the consul at the port at which they reside, and to make due return of the same to the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said ministers, respectively, in regard to their duties.
And the said marshals shall give bond for the Bond.faithful performance of the duties of the office, before entering upon the duties of the same, which bond shall be in a penal sum not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State of the United States; and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the minister. And in case any person aggrieved by the misconduct of any of the said marshals should desire to bring suit upon any of the said bonds, it shall be the duty of the Secretary of the Treasury, or the minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and certified suit may be brought and prosecuted with the same effect as could be done upon the original: *Provided,* That upon a plea of *non est factum* Proviso.verified upon oath, or any other good cause shown, the court or the consul or minister trying the cause may require the original to be produced; and when so required, it shall be the duty of the Secretary of the Treasury to forward the original bond to the court or consul or minister requiring the same: *And provided further,* That before a copy of Proviso.any such bond shall be furnished for suit, it shall be the duty of the Secretary of the Treasury, or the minister to whom the application is made, to require *prima fads,* proof, to be judged of by the Secretary of the Treasury or the minister having charge of the copy, that there is prob able cause of action against the marshal making the bond: *And provided further,* Proviso.That all rules, orders, writs, and processes of every kind which are intended to operate or be enforced against any of the said marshals, in any of the countries named in this act, shall be directed to and executed by such person as may be appointed for that purpose by the minister or consul issuing the same.
Sec. 26. *And be it further enacted,* That the President be, and is Expenses of buildings for prisons, &c., to be allowed in accounts, &chereby, authorized to allow, in the adjustment of the accounts of each of the said ministers or consuls, the actual expenses of the rent of suitable buildings, or parts of buildings to be used as prisons for American convicts in the said countries, not to exceed in any case the rate of six hundred dollars a year; and also the wages of the keepers of the same, and for the 78care of offenders, not to exceed, in any ease, the sum of eight hundred dollars per annum, and provided that no more than one prison shall be hired in Japan, four in China, one in Turkey, and one in Siam, at such port or ports as the minister, with the sanction of the President, may designate.
Sec. 27. *And be it further enacted,* That the jurisdiction of the respective ministers in the countries hereinbefore named, where the same is allowed by treaty, in all matters of civil redress or of crimes, except in the cases mentioned in the twenty-fourth section, shall be appellate only, and to be exercised wherever in the said countries they may be, respectively, except also in cases where a consular officer shall happen to be interested either as party or witness, in which case original jurisdiction is invested in the said ministers, respectively.
Provisions of the act extended to Persia; Sec. 28. *And be it further enacted,* That the provisions of this act be, and the same are hereby, extended to Persia in respect to all suits and disputes which may arise between citizens of the United States therein; and the minister and consuls who may be appointed to reside in Persia are hereby invested, in relation to the said suits and disputes, with such powers as are by this act conferred upon the minister and consuls in China.
And all suits and disputes arising in Persia between Persian subjects and citizens of the United States, shall be carried before the Persian tribunal, to which such matters are usually referred, at the place where a consul or agent of the United States may reside, and shall be discussed and decided according to equity, in the presence of an employe of the consul or agent of the United States; and it shall be the duty of the consular officer to attend the trial in person, and see that justice is administered.
And all suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers, shall be tried and adjudicated by the intermediation of their respective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being, and the ministers of such foreign powers, respectively, which regulations shall, from time to time, be submitted to the Secretary Of State of the United States. to Tripoli, Tunis, Morocco, and Muscat.
Sec. 29. *And be it further enacted,* That the provisions of this act, so far as the same are in conformity with the stipulations in the existing treaties between the United States and Tripoli, Tunis, Morocco, and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the said treaties, and of the provisions of this act, by the consuls appointed by the United States to reside therein, who are hereby, *ex officio,* invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in the first section of this act, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the said countries in their intercourse with the Franks or other foreign Christian nations.
Authority of consuls, &c., in uncivilized countries. Sec. 30. *And be it further enacted,* That the consuls and commercial agents of the United States at islands or in countries not inhabited by any civilized people, or recognized by any treaty with the United States, be, and the same are hereby, authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt and damages do not exceed the sum of one thousand dollars, exclusive of costs, and upon full hearing of the allegations and evidence of both parties to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction.
And the said consuls and commercial agents, respectively, are hereby invested with the powers con-THIRTY-SIXTH CONGRESS. Sess. I. Ch. 179, 180. 1860. 79ferred by the provisions of the seventh and eighth sections of this act for trial of offences or misdemeanors. Sec. 31. *And be it further enacted,* That all marriages in the presence Marriages abroad in presence of consular officer.of any consular officer in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, shall have the same force and effect, and shall be valid to all intents and purposes, as if the said marriage had been solemnized within the United States.
And in all cases of marriage before any consular officer, the said consular officer shall give to each of the parties a certificate of such marriage, and Certificate thereof.shall also semi a certificate thereof to the Department of State, there to be kept; which certificate shall specify the names of the parties, their ages, places of birth, and residence. Sec. 32. *And be it further enacted,* That all acts and parts of acts inconsistent Repealing clause.with the provisions of this act shall be, and the same are here by, repealed.
Sec. 33. *And be it further enacted,* That this act shall take effect on When act to take effect.the first day of July, eighteen hundred and sixty. Approved, June 22, 1860.