“ The language has no reference whatever to the ship, and they (the persons arrested) are held during their stay in the port 'at the disposal of the consul.' Surely the ship is not held at the disposal of the consul. It is the persons arrested who are held, and they are to be released at the mere request of the consul, made in writing, and the expenses of the arrest and detention of the persons arrested are to be paid by the consul. From the language of the treaty the departure of the ship from the port need have no effect whatever upon the imprisonment of the persons arrested. ”

“ The execution of a treaty between the United States and a foreign government, such as the one in question, would not violate any provision of the California Constitution; the imprisonment is not pursuant to a conviction of crime, but is simply a temporary detention of a sailor, whose contract of service is an exceptional one (Robertson v. Baldwin, 165 U.S. 275, 41 L. ed. 715, 17 Sup. Ct. Rep. 326) , for the purpose of securing his person during the time, and under the circumstances, provided for in the treaty, as concerning the internal order and discipline of the vessel. ”

“ The provisions in the Constitution of the state, cited by counsel for defendant, relate, in substance, only to the general proposition that no person should be deprived of his liberty without due process of law. ”