Stephen Johnson Field

“ The constitution can have no operation in another country. When, therefore, the representatives or officers of our government are permitted to exercise authority of any kind in another country, it must be on such conditions as the two countries may agree; the laws of neither one being obligatory upon the other. The deck of a private American vessel, it is true, is considered, for many purposes, constructively as territory of the United States ”

“ In none of the laws which have been passed by congress to give effect to treaties of the kind has there been any attempt to require indictment by a grand jury before one can be called upon to answer for a public offense of that grade committed in those countries, or to secure a jury on the trial of the offense. ”

“ While, therefore, in one aspect the American accused of crime committed in those countries is deprived of the guaranties of the constitution against unjust accusation and a partial trial, yet in another aspect he is the gainer, in being withdrawn from the procedure of their tribunals, often arbitrary and oppressive, and some times accompanied with extreme cruelty and torture. ”

“ The jurisdiction to try offenses committed on the high seas in the district where the offender may be found, or into which he may be first brought, is not exclusive of the jurisdiction of the consular tribunal to try a similar offense when committed in a port of a foreign country in which that tribunal is established, and the offender is not taken to the United States. There is no law of congress compelling the master of a vessel to carry or transport him to any home port, when he can be turned over to a consular court having jurisdiction of similar offenses committed in the foreign country. ”

“ The circuit court might have found an additional ground for not calling in question the legislation of congress in the uniform practice of civilized governments for centuries to provide consular tribunals in other than Christian countries, or to invest their consuls with judicial authority, which is the same thing, for the trial of their own subjects or citizens for offenses committed in those countries, as well as for the settlement of civil disputes between them ”

“ Citizens of the United States have been tried for serious offenses before these officers without preliminary indictment or a common-law jury, and convicted and punished. These trials have been authorized by the regulations, orders, and decrees of ministers, and it must be presumed that the regulations, orders, and decrees of ministers prescribing the mode of trial have been transmitted to the secretary of state, and by him been laid before congress for revision, as required by law. ”

“ Justice BLACKBURN, in regard to this last statement, observed: 'The expression 'British seamen' may mean one who, whatever his nationality, is serving on board a British ship;' and also that it had been decided 'that a ship which bears a nation's flag is to be treated as a part of the territory of that nation. A ship is a kind of floating island.' Counsel answered that if it floted into the territory of another nation it would cease to be so, and the jurisdiction of the flag would then be excluded, and that the man might have been tried in France ”

“ Confining ourselves to the treaty with Japan only, we find that the legislation secures a regular and fair trial to Americans committing offenses within that empire. It enacts that the minister and consuls of the United States appointed to reside there shall, in addition to other powers and duties imposed upon them respectively, be invested with the judicial authority therein described, which shall appertain to their respective offices, and be a part of the duties belonging thereto, so far as the same is allowed by treaty ”

“ Each of the consuls is authorized, 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 offense against law, and to arraign and try any such offender, and to sentence him to punishment in the manner therein prescribed. ”

“ Japanese committing offenses against Americans shall be tried by the Japanese authorities, and punished according to Japanese law. The consular courts shall be open to Japanese creditors to enable them to recover their just claims against American citizens, and the Japanese courts shall in like manner be open to American citizens for the recovery of their just claims against Japanese.' 12 St. 1056. As will be seen, the language of the fourth article of the treaty of 1857 is that 'Americans committing offenses in Japan shall be tried,' etc. ”

“ The practice of European governments to sent officers to reside in foreign countries, authorized to exercise a limited jurisdiction over vessels and seamen of their country, to watch the interests of their countrymen, and to assist in adjusting their disputes and protecting their commerce, goes back to a very early period, even preceding what are termed the 'Middle Ages.' During those ages these commercial magistrates, generally designated as 'consuls,' possessed to some extent a representative character, sometimes discharging judicial and diplomatic functions. ”

“ According to this logic, Americans may in Japan murder each other, and the citizens or subjects of all lands save the subjects of Japan, with impunity,-as it is admitted by this government that it cannot try an American for any offense whatever ”

“ The legislation also declares that insurrection or rebellion against the government, with intent to subvert the same, and murder, shall be punishable with death, but that no person shall be convicted thereof unless the consul and his associates in the trial all concur in the opinion, and the minister approves of the conviction. ”

“ Although his relations to the British government are not so changed that, after the expiration of his enlistment on board of the American ship, that government may not enforce his obligation of allegiance, and he, on the other hand, may not be entitled to invoke its protection as a British subject, that relation was changed during his service of seaman on board of the American ship under his enlistment. ”

“ The intense hostility of the people of Moslem fath to all other sects, and particularly to Christians, affected all their intercourse, and all proceedings had in their tribunals. Even the rules of evidence adopted by them placed those of different faith on unequal grounds in any controversy with them. ”

“ It is an organized service, governed by a special and complex system of law, administered by national officers, such as collectors, harbor-masters, shipping-masters, and consuls, appointed by national authority. This system of law attaches to the vessel and crew when they eav e a national port, and accompanies them round the globe, regulating their lives, protecting their persons, and punishing their offenses. The sailor, like the soldier, during his enlistment, knows no other allegiance than to the country under whose flag he serves. ”