587..A protest-book, for the entry of notes of marine pro- Protest-book. tests, in accordance with Form No. 37. 588..A book for the entry of extended protests, in accord- Extended protests. ance with Form No. 38. 589.. A daily journal is to be kept, as prescribed in Form No. 135. 590..The following books will be provided by the Department, on the requisition of the principal Officer, for Consular Agencies, viz: For inland Agencies, a letter-book, fee-book, invoice-book; and at seaport Agencies, in addition, a protest-book, extended protest, and sea man's register and relief book. 591.. When a paper of any description shall be entered or recorded in either of the said books, the same shall be indexed by a reference both to the name of the author and the subject of the paper. 592..The answers received to official letters, and all other papers transmitted to the Consulate, intended to be permanently kept there, shall be put in a proper place, labeled according to their subject-matter, until a sufficient number shall accumulate to form a volume; when they shall be bound and indexed in the same manner as is directed with respect to other records. 593..The Consular books are to be kept distinct from those of the Consul's private affairs; and if the Consul is at liberty to transact business, his Consular business should, if possible, be transacted in a separate apartment from that in which his ordinary commercial or other affairs are carried on, designated by the arms of the United States exhibited at its entrance wherever such an exhibition of the arms is not prohibited by the local regulations. 594.. All Consular Officers are instructed to take care that the archives are kept in proper order; and with this view, as well as to facilitate reference to previous correspondence, they will keep in their offices registers of all the documents, papers, letters, and books which have been, or which may be, at any time received, and also of those forwarded by them on matters connected with their official duties. Daily journal. Books for Consular Agencies. Index. Papers to be la belled. Official and pri vate books. Care of archives. What to be regarded as official 595..The originals of all dispatches and letters addressed to a Consular Officer, and copies of all that are written by documents. Jurisdiction in Oriental countries. 4129. him in his official capacity, including all official reports and returns, all books presented to the Consulate, or sent to it by the Department, also all the record-books, as described in this chapter, are to be considered as official documents, and are to be deposited among the Consular archives, after being duly registered, and are to be transferred with the effects of the Consulate, together with the seal, press, arms, and flag, and all other property belonging to the United States, to his successor in office. ARTICLE XXIX. Judicial Powers of Consular Officers in Oriental, Non- 596.. It has already been stated that the Consular Officers R. S., secs. 4083, of the United States in China, Japan, Siam, Borneo, Madagascar, Persia, Turkey, Tripoli, Tunis, Muscat, and Morocco enjoy exceptional and exclusive judicial powers. Reference is made to the former statements on this subject (paragraphs 98 and 101), and to the several treaties in the Appendix, for the particular jurisdiction conferred in each case. These powers are exercised by Consuls-General, Vice-Consuls-General, Consuls, and Vice-Consuls. Consular Agents are not deemed to be judicial officers within the intent of the statute. In uncivilized countries. R. S., sec. 4088. Extension of ju risdiction. R. S., sec. 4129. 597.. 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 are also invested by statute with the power to hear and determine cases in regard to civil rights where the debt or damage does not exceed $1,000, exclusive of costs; and also to issue warrants to arrest offenders, to arraign, try, and convict them, and to punish them to the extent of $100 fine, or to imprisonment not to exceed sixty days. Their jurisdiction is the same as that pointed out in paragraph 610, and as provided for in section 4086 of the Revised Statutes. 598.. Provision has also been made for the extension of the jurisdiction of Consular Officers in civil and criminal cases to countries with which the United States may hereafter enter into treaty relations. And by the act of Congress of June 14, 1878, it is provided that whenever the United States shall negotiate a treaty with any foreign government, in which the American Consul-General or Consul shall be clothed with judicial authority, and securing the right of trial to American citizens residing therein before such Consul-General or Consul, and containing provisions similar to or like those contained in the treaties with Tripoli, Tunis, Morocco, Muscat, and the Samoan or Navigator Islands, the provisions of Title XLVII, so far as they may be applicable, shall have full force in reference to said treaty, and shall extend to the country of the government negotiating it. 599..The provisions of Title XLVII of the Revised Statutes, in relation to the judicial powers of Consular Officers, apply directly to the Consulates in China, Japan, Siam, Egypt, and Madagascar. 600..They apply in terms to Turkey, so far as they relate to crimes and offenses; and as to civil cases, so far as the laws of Turkey permit. The Government of the Sublime Porte maintains that there is a discrepancy between the English and Turkish texts of the treaty of May 7, 1830, and that the Turkish text should govern. While denying the correctness of this proposition, it is thought that Consular Officers in the Ottoman dominions should aim to avoid raising questions which may make it necessary to provoke discussion on this point. R. S., sec. 4083. In Turkey. 1874. 601.. The Government of the Khedive of Egypt having, Act of March 23, with the consent of the foreign Consuls, organized a system of jurisdiction by mixed courts, Congress authorized the President to suspend the act of 1860 as to that country, and to accept the jurisdiction of the mixed courts during the pleasure of the President. Notice has been given that the President has accepted the jurisdiction of these courts, and they are now in operation. 602.. The provisions of this Title extend also to Persia in respect to all suits and disputes which may arise between citizens of the United States therein. All suits and disputes arising in Persia between Persian subjects and citizens of the United States are to 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, Persia. R. S.. sec. 4126. In other tries. conn and shall be discussed and decided according to equity, in the presence of an employé of the Consul or Agent of the United States. It is made the duty of the Consular Officer to attend the trial in person, and see that justice is administered. All suits and disputes in Persia between citizens of the United States and the subjects of other foreign powers are to be tried by the intermediation of their respective Ministers or Consuls, in accordance with such regulations as shall be mutually agreed upon between the respective Ministers. These regulations are to be submitted to the Secretary of State. 603..In like manner the provisions of the Title are exR. S., sec. 4127. tended, so far as they are in conformity with the stipulations of existing treaties, to Tripoli, Tunis, Muscat, and Morocco. And should a Consul be appointed in Borneo, the judicial powers conferred by the ninth article of the treaty of June 23, 1850, will be exercised, as far as possible, in conformity with the provisions of the statute. Duties of Secre tary of State. 604.. If at any time there be no Minister in either of the R. S., sec. 4128. countries mentioned in the Title, the judicial duties imposed by its provisions upon the Minister shall devolve upon the Secretary of State, who is authorized and required to discharge them. MIXED COURTS. Tunis, Morocco, Tripoli. Ottoman Porte. 605..In Tunis, Morocco, and Tripoli, citizens of the United States committing murder or homicide upon a subject of those powers are to be tried by a mixed court, at which the Consul is to "assist." 606..The undisputed portion of the fourth article of the treaty of 1830 with the Ottoman Porte provides for the supervision of the American dragoman in the hearing of all litigations and disputes arising between the subjects of the Sublime Porte and citizens of the United States. It is not in dispute that the usages observed toward other Franks are to be observed toward citizens of the United States. These usages are believed to be the following: 1. Turkish tribunals for questions between subjects of the Porte and foreign Christians. 2. Consular Courts for the business of each nation of foreign Christians. 3. Trial of questions between foreign Christians of different nations in the Consular Court of the defendant's nation. 4. Mixed tribunals of Turkish magistrates and foreign Christians, at length substituted in part for cases between Turks and foreign Christians. 5. Finally, for causes between foreign Christians, the substitution at length of mixed tribunals in place of the separate courts-this arrangement introduced at first by the legations of Austria, Great Britain, France, and Russia, and then tacitly acceded to by the legations of other foreign Christians. The most favorable usage to be 607.. Whatever favorable usage may be observed toward subjects of Great Britain, France, Austria, Italy, Russia, claimed. Germany, or of any other great power, must be claimed and insisted upon in favor of citizens of the United States; for by the first article of the treaty of February 25, 1862, between the United States and the Ottoman Empire, it is agreed that all rights, privileges, and immunities granted to the subjects of any other foreign power shall be equally granted to and enjoyed by the citizens of the United States. with China. 608.. The revised treaty with China of 1858 also provides Treaty of 1858 that if controversies arise between citizens of the United States and subjects of China which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction. 609..The modes of proceedings and the laws by which Consular Officers are to be governed are prescribed or provided for by the statute. Reference is to be made to the text of the statute, some of the leading provisions only being noticed in this connection. WHAT LAWS TO GOVERN PROCEEDINGS. Modes of proceed. ings. exercised. 610.. The jurisdiction is to be exercised in conformity, Jurisdiction, how 1st, with the laws of the United States; 2d, with the common law, including equity and admiralty; and, 3d, with decrees and regulations, having the force of law, made by the Ministers of the United States in each country, respectively, |