Act of June 22, 1860.

countries; and it shall be the duty of the said Marshals, respectively to execute all process issued by the Minister of the United States in the said countries, respectively, or by the Consul at the port at which they reside, and to make due return of the same to the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said Ministers, respectively, in regard to their duties. And the said Marshals shall give bond for the faithful performance of the duties of the office, before entering upon the duties of the same, which bond shall be in a penal sum not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State of the United States; and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the Minister. And in case any person aggrieved by the misconduct of any of the said Marshals should desire to bring suit upon any of the said bonds, it shall be the duty of the Secretary of the Treasury, or the Minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and certified suit may be brought and prosecuted with the same effect as could be done upon the original: Provided, That upon a plea of non est factum, verified upon oath, or any other good cause shown, the court or the Consul or Minister trying the cause may require the original to be produced; and when so required, it shall be the duty of the Secretary of the Treasury to forward the original bond to the court or Consul or Minister requiring the same: And provided further, That before a copy of any such bond shall be furnished for suit, it shall be the duty of the Secretary of the Treasury, or the Minister to whom the application is made, to require prima facie proof, to be judged of by the Secretary of the Treasury or the Minister having charge of the copy, that there is probable cause of action against the marshal making the bond: And provided further, That all rules, orders, writs, and processes of every kind which are intended to operate or be enforced against any of the said marshals in any of the countries named in this act, shall be directed to, and executed by, such person as may be appointed for that purpose by the Minister or Consul issuing the same.

860..SEC. 26. And be it further enacted, That the President be, and is hereby, authorized to allow, in the adjustment of the accounts of each of the said Ministers or Consuls, the actual expenses of the rent of suitable buildings, or parts of buildings, to be used as prisons for American convicts in the said countries, not to exceed in any case the rate of six hundred dollars a year; and also, the wages of the keepers of the same, and for the care of offenders, not to exceed, in any case, the sum of eight hundred dollars per annum, and provided that no more than one prison shall be hired in Japan, four in China, one in Turkey, and one in Siam, at such port or ports as the Minister, with the sanction of the President, may designate.

861..SEC. 27. And be it further enacted, That the jurisdiction of

Act of June 22, 1860.

the respective Ministers in the countries hereinbefore named, where the same is allowed by treaty, in all matters of civil redress or of crimes, except in the cases mentioned in the twenty-fourth section, shall be appellate only, and to be exercised wherever in the said countries they may be, respectively, except also in cases where a Consular Officer shall happen to be interested either as party or witness, in which case original jurisdiction is vested in the said Ministers, respectively.

862..SEC. 28. And be it further enacted, That the provisions of this act be, and the same are hereby, extended to Persia, in respect to all suits and disputes which may arise between citizens of the United States therein; and the Minister and Consuls who may be appointed to reside in Persia are hereby invested, in relation to the said suits and disputes, with such powers as are by this act conferred upon the Minister and Consuls in China. And all suits and disputes arising in Persia* between Persian subjects and citizens of the United States shall 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, and shall be discussed and decided according to equity, in the presence of an employé of the Consul or Agent of the United States; and it shall be the duty of the Consular Officer to attend the trial in person, and see that justice is administered. And all suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers shall be tried and adjudicated by the intermediation of their respective Ministers or Consuls, in accordance with such regulations as shall be mutually agreed upon by the Minister of the United States, for the time being, and the Ministers of such foreign powers, respectively, which regulations shall, from time to time, be submitted to the Secretary of State of the United States.

863..SEC. 29. And be it further enacted, That the provisions of this act, so far as the same are in conformity with the stipulations in the existing treaties between the United States and Tripoli, Tunis, Morocco, and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the said treaties, and of the provisions of this act, by the Consuls appointed by the United States to reside therein, who are hereby, ex officio, invested with the powers herein delegated to the Ministers and Consuls of the United States appointed to reside in the countries named in the first section of this act, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the said countries in their intercourse with the Franks or other foreign Christian nations.

* Treaty with Persia, see Statutes at Large, vol. xi, pp. 709-711. Treaties with the Barbary States and Muscat, see Statutes at Large, vol. viii, pp. 154, 214, 157, 298; 100, 484, 458.

Act of June 22, 1860.

864.SEC. 30. And be it further enacted, That the Consuls and Com mercial 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, be, and the same are hereby, authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt and damages do not exceed the sum of one thousand dollars, exclusive of costs; and upon full hearing of the allegations and evidence of both parties, to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. And the said Consuls and Commercial Agents, respectively, are hereby invested with the powers conferred by the provisions of the seventh and eighth sections of this act for trial of offenses or misdemeanors.*

865..SEC. 31. And be it further enacted, That all marriages in the presence of any Consular Officer in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, shall have the same force and effect, and shall be valid to all intents and purposes, as if the said marriage had been solemnized within the United States. And in all cases of marriage before any Consular Officer, the said Consular Officer shall give to each of the parties a certificate of such marriage, and shall also send a certificate thereof to the Department of State, there to be kept; which certificate shall specify the names of the parties, their ages, places of birth, and residence.t

866..SEC. 32. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act shall be, and the · same are hereby, repealed.

867..SEC. 33. And be it further enacted, That this act shall take effecton the first day of July, eighteen hundred and sixty.‡

*Opinions of the Attorneys General, vol. viii, pp. 345-349, 380-386. Opinions of the Attorneys General, vol. vii, pp. 18, 32, 342, 349.

Treaties were negotiated with China July 3, 1844, (see Statutes at Large, vol. viii, p. 592,) and June 18, 1858, and Conventions November 18, 1858, Statutes at Large, vol. xii, pp. 1023-1030.

Treaties were negotiated with Japan March 31, 1854, and June 17, 1857, (see Statutes at Large, vol. xi, pp. 597, 598, and 723, 724,) and July 29, 1858, Statutes at Large, vol. xii, pp.1051-1068.

A treaty was negotiated with Persia December 13, 1856, (see Statutes at Large, vol. xi, pp. 709, 711.)

Treaties were negotiated with Siam March 20, 1833, (see Statutes at Large, vol. viii, pp. 454, 455,) and May 29, 1856, (see Statutes at Large, vol. xi, pp. 683, 689.)

A treaty was negotiated with Madagascar February 14, 1867, (Statutes at Large, vol. xv, p. 491.)

Acts of August 5, 1861, and February 4, 1862.

AN ACT to reduce consular fees for vessels running to or between foreign ports. Approved August 5, 1861. [Statutes at Large, vol. xii, p. 315.]

868..Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That American vessels running regularly, by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to Consuls for more than four trips in a year, anything in the law or regulations respecting consular fees to the contrary notwithstanding.

AN ACT making appropriations for the consular and diplomatic expenses of the government for the year ending thirtieth June, eighteen hundred and sixty-three, and additional appropriations for the year ending thirtieth June, eighteen hundred and sixty-two. Approved February 4, 1862. [Statutes at Large, vol. xii, p. 335.]

869 *

For compensation to an interpreter to the Consulate at Kanagawa, fifteen hundred dollars.

And the salary of the Consul at Bremen shall be three thousand dollars, to commence on the first day of January, eighteen hundred and sixty-two; and the Consul at Pictou (Nova Scotia) shall receive a salary of fifteen hundred dollars, to commence on the first day of January, eighteen hundred and sixty-two; and the salary of the Consul at Swatow shall be thirty-five hundred dollars, to commence on the twenty-first day of September, eighteen hundred and sixty; and the consul at Port Mahon shall receive a salary of fifteen hundred dollars: 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 eighteen, eighteen hundred and fifty-six; and their respective Consulates shall be included in Schedule B, of the list of salaried Consulates: And provided further, That no appointment of Consuls shall hereafter be made, nor the compensation of Consuls raised, under the act of August two, eighteen hundred and sixty-one, except to the places herein mentioned. And the Consul at Newcastle-uponTyne shall receive a salary of fifteen hundred dollars per annum, commencing on the first day of January, eighteen hundred and sixtytwo.

For interpreters to the Consulates in China, four thousand five hundred dollars.

For salaries of the marshals for the consular courts in Japan, China, Siam, and Turkey, seven thousand dollars.

For rent of prisons for American convicts in Japan, China, Siam, and Turkey, and for wages of the keepers of the same, nine thousand dollars.

Act of February 19, 1862.

870..SEC. 2. And be it further enacted, That the following sums be, and the same are hereby, appropriated for the service of the year ending the thirtieth June, eighteen hundred and sixty-two, namely: For compensation and increased salaries to sundry Consuls, under the act of second August, eighteen hundred and sixty-one, fifty-four thousand one hundred and eleven dollars and ninety-seven cents.

AN ACT to prohibit the "coolie trade" by American citizens in American vessels.* Approved February 19, 1862. [Statutes at Large, vol xii, p. 340.]

66

871.. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no citizen or citizens of the United States, or foreigner coming into or residing within the same, shall, for himself or for any other person whatsoever, either as master, factor, owner, or otherwise, build, equip, load, or otherwise prepare, any ship or vessel, or any steamship or steam-vessel, registered, enrolled, or licensed in the United States, or any port within the same, for the purpose of procuring from China, or from any port or place therein, or from any other port or place, the inhabitants or subjects of China, known as coolies," to be transported to any foreign country, port, or place whatever, to be disposed of, or sold, or transferred, for any term of years or for any time whatever, as servants or apprentices, or to be held to service or labor. And if any ship or vessel, steamship or steam-vessel, belonging in whole or in part to citizens of the United States, and registered, enrolled, or otherwise licensed as aforesaid, shall be employed for the said purposes, or in the "coolie trade," so called, or shall be caused to procure or carry from China or elsewhere, as aforesaid, any subjects of the government of China, for the purpose of transporting or disposing of them as aforesaid, every such ship or vessel, steamship, or steam-vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district where the said ship or vessel, steamship or steam-vessel, may be found, seized, or carried.

872..SEC. 2. And be it further enacted, That every person who shall so build, fit out, equip, load, or otherwise prepare, or who shall send to sea, or navigate, as owner, master, factor, agent, or otherwise, any ship or vessel, steamship, or steam-vessel, belonging in whole or in part to citizens of the United States, or registered, enrolled, or licensed within the same, or at any port thereof, know

*See resolution of the Senate and of the House of Representatives, January 16, 1867, and instructions of Hon. William H. Seward, Secretary of State, January 17, 1867, in reference to the coolie trade.