17 July 1862. Penalty for ab return, he shall, in addition to the sum now deducted for each day, forfeit a further sum 12 Stat. 804. 10. Before the first meeting of the next congress, and of every subsequent congress, 3 March 1863 ? 1. the clerk of the next preceding house of representatives shall make a roll of the representatives elect, and place thereon the names of all persons, and of such persons only, Organization of whose credentials show that they were regularly elected in accordance with the laws congress. of their states respectively, or the laws of the United States. Constitutional Law. The jurisdiction of the district court, in cases of admiralty, does not rest upon the act of 1845, but upon the constitution of the United States. It is not limited to tide waters, but embraces the lakes and navigable rivers, through which commerce is carried on between different states, or with a foreign nation. Franconet e. The Propeller F. W. Bachus, 1 Newb. 1. Parmlee v. The Propeller Charles Mears, Ibid. 197, 205. The admiralty jurisdiction of the federal courts, under the constitution, embraces those subjects, whether of contract or tort, which, at the time the constitution was adopted, under the general maritime law, were the appropriate subjects of the jurisdiction of admiralty courts. Scott v. The Propeller Young America, 1 Newb. 101. The laws of the United States "are the supreme laws," and cannot be changed or altered, modified or repealed, by state enactments. And a lien given by the maritime law is a right thus protected. Harris e. The Steamboat Henrietta, 1 Newb. 284. A state legislature may, by contract, surrender the right of taxation, as to the property of a corporation; and a succeeding legislature has not the power to pass a law impairing the obligation of such contract. State Bank of Ohio v. Knoop, 16 How. 369. Dodge e. Woolsey, 18 Ibid. 331. Mechanics' and Traders' Bank e. Debolt, Ibid. 389. Mechanics' and Traders' Bank v. Thomas, Ibid. 384. Jefferson Branch Bank r. Skelly, 1 Black 436. Franklin Branch Bank . Ohio, Ibid. 474. Contra, 6 Casey 9. 1 Ohio St. R. 563, 591, 623. 3 Ibid. 578, 586. 7 1bid. 481. The provision in the constitution that "no person shall be subject for the same offence, to be twice put in jeopardy of life or limb," only applies to capital offences. Commonwealth v. McCreary, 5 Casey 323. A court of the United States has no jurisdiction to restrain by injunction, the erection of a bridge over a navigable river, lying wholly within the limits of a particular state, where such erection is anthorized by the legislature of the state, though a port of entry has been created by congress above the bridge. Milnor v. New Jersey Railroad Co., 6 Am. L. R. 6. The inhabitants of a territory ceded to the United States, by treaty, become citizens of the United States, without naturalization under the acts of congress. Harrold's Case, 2 Penn. L. J. 119. In the clause of the constitution prohibiting a state from levying duties ou imports, the term "imports" embraces only articles from foreign nations subject to the payment of duties to the United States, and not merchandise carried from one state to another. State v. Pinckney, 10 Richardson 474. See Biddle v. Commonwealth, 13 S. & R. 408. Brown . Maryland, 12 Wh. 419. The constitution does not restrain the right of each state to legislate as to the remedy on suits upon judgments in other states. Bacon r. Howard, 20 How. 23. The mere grant in the constitution to congress of the power to regulate weights and measures, does not extinguish the right in the states over the same subject, until congress shall have exercised the power conferred. Weaver v. Fegely, 5 Casey 27. The provision in the constitution, that in a criminal prosecution, the accused shall have a right "to be informed of the nature and cause of the accusation," does not entitle him to a copy of the indictment, at the expense of the government. United States v. Bickford, 22 Law Rep. 273. The provision of the constitution that the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states, does not confer on the citizens of a slave state the right of transit, with their slaves, through the territory of a free state, contrary to its laws. Lemmon v. People, 6 Smith (N. Y.) 563. A state law imposing additional restrictions on vessels duly enrolled and licensed for the coasting trade, is unconstitutional and void. Sinnot v. Davenport, 22 How. 227. Foster v. Davenport, Ibid. 245. The privilege of the writ of habeas corpus can only be suspended by act of congress. Ex parte Merryman, 24 Law Rep. 78. 9 Am. L. R. 524. The several states which compose the constitutional Union are not, with respect to it, either foreign or independent states; but are dependent and subordinate for all the specific purposes for which it was adopted. The General Parkhill, U. S. Dist. Court, E. Penn. 19 July 1861. When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts of justice cannot be kept open, civil war exists, and hostilities may be prosecuted for the restoration of the constitutional anthority of the government, on the same footing as if those opposing it were foreign enemies invading the land. Ibid. The president is required by the constitution to "take care that the laws be faithfully executed;" and, therefore, when hostilities actually waged against the constitution and laws acquire the dimensions of a general war, he must prosecute opposing hostilities, offensive as well as defensive, upon such a proportional scale, as may be necessary to re-establish, or to support and maintain the government. Ibid. In a suit between two states the supreme court derives its original jurisdiction directly from the constitution. Kentucky v. Ohio, 24 How. 66. A state law imposing a stamp duty on bills of lading is unconstitutional. Almy v. California, 24 How. 169. As against rebels, the United States have both sovereign and belligerent rights: in establishing a blockade, they only exercise belligerent rights; as a sovereign, they might, by municipal regulation, interdict all commerce with ports in the states of the insurgents. The Revere, 24 Law Rep. 276. The Amy Warwick, Ibid. 335, 494. The Brilliant, 11 Am. L. R. 334. The Hiawatha, 18 Leg. Int. 332. The F. W. Johnson, Ibid. 334. I. APPOINTMENT OF CONSULS. Consuls. 1. President may appoint consuls during the war. Compensation. 2. When to be subject to act of 1856. Further appointments not to be made. 2 August 1861 22. 12 stat. 285. President may during the war. Compensation. the 22. Power of the local authorities may be invoked. 24. Who to be deemel ministers and consuls. 25. Responsibility of officers. 26. Trial of capital cases. Enforcement of neutrality laws. 27. Appointment of marshals. Compensation. Duties. Bonds. When original bond to be produced on plea of non est factum. Process against marshals. 23. Expenses of prisons and keepers to be allowed. 30. Jurisdiction in Persia. 31. In Tripoli, Tunis, Morocco and Muscat. 32. In other uncivilized countries. 33. Marriages before consular officers regulated. III. MISCELLANEOUS PROVISIONS. 34. Salary of consul-general of British North America. I. APPOINTMENT OF CONSULS. 1. The president of the United States may, by and with the advice and consent of the senate, appoint consuls at any foreign ports where he shall deem it advisable, for purpose of preventing piracy, with such compensation, not exceeding fifteen hunappoint consuls dred dollars per annum, as he shall think proper; to hold their offices respectively during the pleasure of the president, and in every case such compensation to cease with the restoration of internal peace within the United States. And the president may, during the present insurrection, increase the compensation of any consuls in foreign ports, if he shall deem it necessary, so as not however to exceed the sum of fifteen hundred dollars in any case. But this power shall cease with the re-establishment of internal peace as aforesaid. 4 Feb. 1862 21. 12 Stat. 336. When to be sub ject to act of 1856. Further appointments not to be made. 22 June 1860 2 1. 12 Stat. 72. Judicial powers of ministers and consuls. Ibid. 2. Criminal jurisdiction. Ibid. 3. 2. Provided, That all consular officers whose respective salaries exceed one thousand dollars per annum shall be subject to the provisions of the fifth section of the act to regulate the diplomatic and consular systems of the United States, approved August 18th 1856;(a) and their respective consulates shall be included in schedule B of the list of salaried consulates: And provided further, That no appointments of consuls shall hereafter be made nor the compensation of consuls raised under the act of August 2d 1861, (b) except to the places herein mentioned. II. JUDICIAL POWERS OF MINISTERS AND CONSULS. 3. To carry into full effect 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. 4. 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. 5. In regard to civil rights, whether of property or person, the said functionaries are Civil jurisdiction. 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 tɔ 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. 22 June 1860. ercised. 6. Such jurisdiction in criminal 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 How such jurisis necessary to execute such treaties respectively, extended over all citizens of the United diction to be exStates 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, Rules of decision. 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 still 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. Ibid. 25. process, &c. 7. In order to organize and carry into effect the system of jurisprudence demanded by such treaties respectively, the said ministers, with the advice of the several consuls Ministers to prein each of the said countries respectively, or so many of them as can be conveniently scribe forms of 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 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 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 orders Rules to be subshall 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. mitted to consuls. Ibid. 26. Regulations to be 8. All such regulations, orders and 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 them severally to the secretary of state, to be laid before congress for laid before conrevision. gress for revision. suls. Ibid. 7. 9. Each of the consuls aforesaid, at the port for which he is appointed, shall be competent, under the authority herein contained, upon the facts within his own know- Criminal jurisledge, or which he has good reason to believe true, or upon complaint made, or informa- diction of contion 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 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. Ibid. 28. 10. 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 When without the term of imprisonment does not exceed sixty days. And there shall be no appeal appeal. therefrom, except as provided in section eleven of this act. But no fine imposed by a consul for a contempt committed in the presence of the court, or for failing to obey a Limitation. summons from the same, shall exceed fifty dollars, nor shall the imprisonment exceed twenty-four hours for the same contempt. Ibid. 29. 11. 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 When subject to days; but in all such cases if the fine exceeds one hundred dollars, or the term of appeal. 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. 12. Whenever, in any case, the consul shall be of opinion that, by reason of the legal Ibid. 10. When assessors to be called to the assistance of Consuls. 22 June 1860. 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 persons 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 When decision to record his judgment and opinion, and sign the same. The consul shall, however, give be referred to the judgment in the case; but if his decision is opposed by the opinion of one or more of his associates, the case, 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. minister. Ibid. 2 11. Civil jurisdiction under treaties. Ibid. 12. 13. 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 demage 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 duty 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. 14. In all cases, criminal and civil, the evidence shall be taken down in writing in Evidence to be 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. writing, &c. 15. The minister of the United 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. 16. In all cases, except as is 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 offence; 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. 17. Murder and insurrection, or rebellion against the government of either of the said countries, with intent 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 offences, by fine or imprisonment, or both. 18. Whenever any one shall be 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 circum stances which may authorize it, may submit the case to the president of the United States for pardon. 22 June 1860. Ibid. 17. 19. It shall be the duty of the 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 per- Fees. sons as 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, How appropri both of receipts and expenditures, shall be kept by the said minister and consuls, and ated. transmitted annually to the secretary of state. Ibid. 18. 20. 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 Settlement of country, or consul, to adjust and settle the same among themselves, upon pecuniary or criminal cases. other considerations. sies. Ibid. 19. 21. 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 Settlement of to the decision of referees agreed upon by the parties, a majority of whom shall have civil controver power to decide the matter. And it shall be the duty of the minister in each country References. to prepare a form of submission for such cases, to be signed by the parties and acknowledged before the consul: and 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 judgment shall be rendered thereon, and execution issue in compliance with the terms thereof: Provided, however, That the parties may always settle the same before return thereof is made to the consul. Ibid. 2 20. cal authorities may be invoked. 22. 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 Power of the lothem 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. Ibid. 21. 23. 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 Jurisdiction in the Sublime Porte of May 7th 1830, and shall be executed in the Ottoman dominions Turkey. in conformity with the provisions of said treaty, 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 per mitted by the laws of Turkey, or its usages in its intercourse with the Franks or other foreign Christian nations. Ibid. 22. and consuls. 24. 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 who to be mentioned in the first section of this act. The word consul shall be understood to mean deemed ministers any person invested by the United States with, and exercising the functions of consulgeneral, 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 herein before 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. Ibid. 23. Responsibility of 25. 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 officers. negligences and misconduct as public officers. Ibid. ? 24. 26. Capital cases for murder or insurrection against the government of either of the countries herein before mentioned, by citizens of the United States, or for offences against Trial of capital the public peace amounting to felony under the laws of the United States, may be tried cases. before the minister of the United States in the country where the offence is committed if allowed jurisdiction; and it shall be competent for each of the said ministers to issue Enforcement of all manner of writs, to prevent the citizens of the United States from enlisting in the neutrality laws. military or 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. 27. That the president be and he is hereby authorized to appoint marshals for such of the consular courts in the said countries as he may think proper, not to exceed Ibid. 25. |