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and at peace with foreign nations, and among themselves; that this country has no ambitious designs to accomplish in regard to them, no desire to acquire any of their territory; and that the greater and more prosperous they become, the more mutually beneficial will be the trade between the two countries. Their prosperity will be for the good of the United States, and whatever tends to impair it, a loss.

149. Consular officers may do much toward furnish- Diffusion of in ing the Chinese people with correct and accurate knowl- formation. edge, in respect to the political power and commercial resources of other nations in comparison with their own, and in this manner lead them to entertain for the United States a respectful consideration. They may also induce the Chinese to adopt higher and more just principles in their intercourse with other nations, and thus these officers will advance the commercial prosperity of this country, whose interests in that distant region are in a measure entrusted to their care, as well as secure benefits and blessings to China.

and

a vice consul.

150. In case a consul in China should find it neces- Absence sary, for urgent reasons, temporarily to leave his post, appointment of with the consent of the President, he is authorized to appoint, with the approbation of the minister, some suitable person to act as vice consul, subject to the provisions of law and the regulations prescribed by the President for the government of consular officers.

1 At the date of the passage of the act of August 11, 1848, the United States were represented in China by a Commissioner; subsequently, however, the office was made a full mission, and an Envoy Extraordinary and Minister Plenipotentiary appointed. For recent treaties of Russia, France, and Great Britain, with China, see Executive Document, 36th Congress, 1st sess. pp. 387, 395, 409; and for the last treaty of the United States with China, Statutes at Large, vol. xii. pp. 71–78.

CHAPTER V.

querors.

DUTIES OF UNITED STATES CONSULAR OFFICERS IN

TURKEY.

Northern con- 151. In the early stages of the progress of the northern conquerors over Europe, they were accustomed to allow to such of the conquered nations as desired it, the privilege of being governed by their own peculiar laws and tried by their own magistrates.1

Local jurisdiction.

152. As the several European governments became consolidated, the conquerors and the conquered coalesced into one people, and their separate jurisdictions disappeared; the more modern idea now prevails, that each government is in general to exercise exclusive jurisdiction over all persons in its territory, with a few exceptions established by specific treaties, or by the customs of Christian nations. The old usage, however, remains in full force in the East.

153. In Mohammedan and Pagan countries each Christian State asserts for its subjects more or less of exemption from the authority of the local sovereign. Thus, at the present time, throughout Christendom, the general rule prevails that foreigners are subject, in all criminal and in most civil matters, to the local jurisdiction; but in Mohammedan and Pagan States, a different rule obtains.

1 See chapter ii. supra; also chapter iii.

154. In the law of nations, as to Europe, the rule National charis, that men take their national character from the acter. general character of the country in which they reside; and this rule applies equally to America. But in Asia and Africa, an immiscible character is kept, up, and Europeans, trading under the protection of a factory, take their national character from the establishment under which they live and trade.

155. This rule applies to those parts of the world from obvious reasons of policy, because foreigners are not admitted there, as in Europe and the western part of the world, into the general body and mass of the society of the nation, but they continue strangers and sojourners, not acquiring any national character under the general sovereignty of the country. The subjects or citizens of Christian States, who may happen to be sojourning or even permanently residing in Turkey and its dependencies, are privileged persons, politically as well as commercially. In all cases the ministers and consuls of their country have exercised, in regard to them, not only a protecting political authority, but also, under sundry qualifications and modifications, varying according to treaty or usage, judicial functions and jurisdiction.

lations.

156. Our earliest treaty with Turkey provides that Treaty with "if litigations and disputes should arise between the Turkey; stipusubjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgment be pronounced, unless the American dragoman be present. Causes in which the sum may exceed five hundred piastres shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United

1 1 Kent, vol. i. pp. 78, 79.

Act of August

11, 1848.

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States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offence, shall not be molested; and even when they may have committed some offence, they shall not be arrested and put in prison by the local authorities, but they shall be tried by their minister or consul, and punished according to their offence, following in this respect the usage observed toward other Franks." 157. By the twenty-second section of the act approved August 11, 1848, and the twenty-first section. of the act of June 22, 1860, the provisions of these acts, so far as they relate to crimes committed by citizens of the United States, are extended to Turkey, under the treaty with the Sublime Porte of May 7, 1830, and are to be executed in the dominion of the Sublime Porte, in conformity with the provisions of the treaty, by the minister of the United States, and the consuls appointed by the United States to reside therein, who are ex officio vested with the powers conferred by the acts for the purposes therein expressed, so far as regards the punishment of crime.2 158. It is further stipulated that the word consul ing of the term. shall be understood to mean any person vested by the United States with and exercising the consular authority in any port of Turkey.

Consul; mean

Consular protection.

159. By the laws of Turkey and other Eastern nations, the consulates therein may receive under their protection strangers and sojourners whose religion and social manners do not assimilate with the religion and manners of those countries.

160. The individuals who are thus protected become thereby clothed, for the time being, with the

1 Statutes at Large, vol. viii. p. 409.

2 Ibid. vol. ix. p. 279.

to

nationality of the protecting consulate. Usage, if not positive stipulation, recognizes and sanctions the rights acquired by this connection. Consular officers Discretion of the United States are, however, instructed that, be observed in extending conwhile it is expected that the same rights and privi- sular protecleges will be accorded to them in regard to protecting tion to aliens. persons not citizens of the United States as may be enjoyed by the consuls of other nations who have no special treaty stipulation on the subject, they are to exercise this right with much discretion.

not to

be

161. If custom in Turkey gives to foreign consular Ottoman subofficers the right of protecting even Ottoman subjects, jects and others it is presumed that this right is limited to such per- screened from sons as may be absolutely necessary for the discharge justice. of the consular duties, and must have originated in consequence of the difficulty of obtaining persons not subjects of the Porte sufficiently acquainted with the Oriental languages. No person must be employed in the American consulates for the purpose of screening him from prosecutions for offences against the laws of the country, nor any one known to be reasonably objectionable to the Turkish government.1

162. European consulates in the East are in the constant habit of opening their doors for the reception of inmates, who are received irrespective of the country of their birth or allegiance, and it is not uncommon for them to have a large number of persons thus protected. International law recognizes and sanctions the rights acquired by this connection. No passports or certificates of citizenship are to be No passports or given to such individuals, but simply a tezkereh, or citizenship certificate that the person to whom it is given is cared for and received under the protection of the aliens

1 See instructions to consuls in Turkey, August 24, 1861. MS.

certificates

be given

of

to

to under

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