Chapter CXVI. *to provide for the Execution of Treaties between the United States and foreign Nations respecting Consular Jurisdiction over the Crews of Vessels of such foreign Nations in the Waters and Ports of the United States.* June 11, 1864. *Be it enacted by the Senate and House of Representatives of the Un
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Chap. CXVI.— An Act *to provide for the Execution of Treaties between the United States and foreign Nations respecting Consular Jurisdiction over the Crews of Vessels of such foreign Nations in the Waters and Ports of the United States.* June 11, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That, in all cases where itTreaty stipulations giving consuls, &c., jurisdiction over controversies between officers of vessels and mariners, &c., how to be carried into effect. may have been or shall hereafter be stipulated by treaty or convention between the United States and any foreign nation to the effect that the consul-general, consuls, vice-consuls, or consular or commercial agents of the two nations, respectively, shall have exclusive jurisdiction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the one nation, between the master or other officer or officers and any of the crew, or between any of these last themselves, of any ship or vessel belonging to the other nation, such stipulations shall be executed and enforced within the jurisdiction of the United States as hereinafter declared: *Provided*, That before this act shall take effect as to the ships and vessels of any particular nation having such treaty with the United States, the President of the United States shall have been satisfied thatOther contracting party to make similar provisions. similar 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 it further enacted*, That in all cases within the purviewConsul, &c., to apply to proper judicial authority. of this act the consul-general, consul, or other consular or commercial authority of such foreign nation charged with the appropriate duty in the particular case, may make application to any court of record of the United States, or any judge thereof, or to any commissioner appointedApplication to state what, &c. under the laws of the United States, to take bail or affidavits, or for other judicial purposes whatsoever, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping-articles, roll, or other proper paper of the ship or vessel, to the effect that the person in question is of the crew or ship’s company of such ship or vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the said ship122THIRTY-EIGHTH CONGRESS.
Sess. I. Ch. 116, 117. 1864. or vessel, or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial, authority in the premises; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States, and thereupon such judge, commissioner, or other judicial officer, on inspection of such application, the same being in writing and duly authenticated by the consular or other sufficient official seal, Warrant for arrest to issue.shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate district, or in his discretion to any person, being a citizen of the United States, whom lie may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place.
And If person arrested is a citizen, he shall be discharged.if, on such examination, it shall be made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this shall not be made to appear, and such judge, commissioner, or other judicial authority shall find, upon the papers hereinbefore referred to, a sufficient prima facie case that the matter concerns only the internal order and discipline of such foreign ship or vessel, or, whether in its nature civil or criminal, does not *effect* [affect] directly the execution of the laws of If not, &c., person to be committed.the United States, or the rights and duties of any citizen of the United States, he shall forthwith,’ by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or to the master or chief officer of such foreign ship or vessel, in his discretion, to be subject to the lawful orders, control, and discipline of the master or chief officer for the time being, of such ship, and to the jurisdiction of the consular or commercial authority of the nation to which such ship or vessel may belong, to the exclusion of any authority or jurisdiction in the premises of the United Slates or any state Expenses, how to be paid.thereof: *Provided, nevertheless*, That the expenses of the arrest and the detention of the person so arrested shall be paid by the consul-general, consuls, or vice-consuls: *And provided, further*, That no person shall be Limit of imprisonment.detained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause.
Approved, June 11, 1864.