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should be permitted to fly the flag of his country as an indication of ownership and for the due protection of his property. The practice of carrying the flag by such vessels is now established. The right to do so will not be questioned, and it is probable that it would be respected by the courts.
348. Disabilities of foreign-built vessels.—It should be understood that foreign-built vessels not registered, enrolled, or licensed under the laws of the United States, although wholly owned by citizens thereof, can not legally import goods, wares, or merchandise from foreign ports, and are not allowed in the coasting trade.-R. S. secs. 2497, 4311.
349. Forfeiture and tonnage duties.—On arrival from a foreign port undocumented foreign-built vessels, if laden with goods, wares, or merchandise, may, with their cargoes, be subjected to forfeiture.-R. S., sec. 2497; see Tariff act of 1894, sec. 15. If in ballast only, or with passengers without cargo, they will be subject to a discriminating tonnage duty.-R. S., sec. 4219; 19 Stat. L., 250. When in foreign ports they are also subject to tonnage and other consular fees from which regularly documented vessels are exempt. For instructions respecting the shipment and discharge and relief of seamen on vessels of this character, and the collection of extra wages, consular officers are referred to the several articles on these subjects.
MUTINY AND INSUBORDINATION, AND THE TRANSPORTATION OF PERSONS CHARGED WITH CRIMES AGAINST THE UNITED STATES.
350. Consul to intervene in case of mutiny.-If American seamen on board of a vessel of the United States either arrive at a port in a state of mutiny, or a mutiny occurs in port which can not be quelled by the captain, and the captain can not navigate his ship to the United States with the mutineers on board, the consular officer should, if the laws of the country permit, cause the mutineers to be confined and sent home for trial, unless, in his judgment, the ends of justice will be best subserved by discharging them, in view of unjustifiable cruelty of the captain, or other sufficient cause; and, in the latter case, he will be careful to report to the Department of State at length the reasons for his course.
351. Mutiny defined.—In a decision of the Supreme Court of the United States it was held that mutiny consists in the crew of a vessel, or any one or more of them, endeavoring to overthrow the legitimate authority of the commander with the intent to remove him from his command. This may be by resisting him in the exercise of his authority, or by actual usurpation of the command. Mere insolent conduct toward the master, disobedience of orders, or violence committed on the person of the master, unaccompanied by other acts showing an intention to subvert his command as master, is not sufficient to constitute the offense of mutiny.-1 Wheat., 417; 54 Fed. Rep., 533.
352. Insubordination to be discouraged. It is made the duty of consular officers to discountenance insubordination by every means in their power, and to invoke the assistance of the local authorities when it can be done. But care should he taken not to confound a casual disobedience of orders or insubordination not endangering the authority of the master with the crime of mutiny. For these offenses the master has the power to inflict adequate punishment. If the vessel is bound for the United States, and if the master is obeyed by a sufficient number of the crew to insure the safe navigation of the vessel, he should continue the voyage, if necessary confining the mutinous seamen on shipboard. The consular officer should not discharge the seaman unless that course is clearly justified by the circumstances. If the mutiny is of se grave a character as to endanger the safety of the vessel and to call for the punishment of the offenders, he may take from the vessel so many of them, to be sent to the United State! for trial, as will relieve the master from reasonable fear This power should, however, not be exercised for insufficient cause, nor in any case in which the evidence is not likely to afford good ground for conviction. When the mutiny has been provoked by intolerable cruelty or other sufficient cause, the consular officer may discharge such of the crew as he may deem necessary. In other cases, however, he should endeavor to so exercise the right to discharge as not to offer an inducement to fractious and insubordinate characters to incite disturbance or revolt for the purpose of obtaining a release from the ship.
A form of certificate and of the consul's decision in cases of insubordination is given in Forms Nos. 40 and 41.R. S., sec. 4600; 23 Stat. L., 55, sec. 6. (Paragraph 320.)
353. Mutiny in a foreign port.-—If a mutiny or grave offense has been committed on an American vessel in a foreign port, or within the jurisdiction of the foreign state, and the circumstances are deemed to call for the punishment of the offenders, the latter should be delivered to the consular officer to be sent to the United States, unless, in the case of seamen, he shall decide to discharge them from the vessel. He should request the aid of the local authority, if necessary, and if he is authorized to do so by treaty or by the established usage of the place, Forms Nos. 31, 32, 40, and 41 may be used. The consular officer is not authorized, however, to exercise this jurisdiction, except under the provisions of treaty, or by usage, or through the courtesy of the authorities of the country who from motives of comity or reciprocity may be willing to deliver up the offenders.
354. Investigation by consul.-In order to determine whether he shall detain or require detention, the consul must inquire
nto, and in some sense judge and decide, the question of culability. He must, of necessity, inquire in the usual wayhat is, by hearing testimony not as a judicial officer but as onsul. As to judgment—that is, deciding whether to detain ir not to detain-he must have large discretion. He need not letain men upon such suspicion of guilt as would justify an Kamining magistrate in holding to bail within the United States. There is no judge at hand to supervise the propriety of such detention by writ of habeas corpus or to admit bail on motion. The consul, in order to induce him to detain, may well require stronger probable cause of belief in guilt than an examining magistrate. He may do this in the interest of the party, and he may do it in the interest of the Government, which must defray the expenses of the detention and custody of the party and of his conveyance to the United States. — 8 Op. Att. Gen., 380.
355. Transportation of persons charged with crime.—When, however, mutiny or other grave offense against the laws of the United States shall have been committed on board an American vessel on the high seas, and without the jurisdiction of any state, it is the duty of the consular officer into whose district the vessel may come to take the depositions necessary to establish the facts in the fullest manner possible. If the circumstances demand that the offenders should be sent to the l'nited States for trial, he may apply to the local authorities for means to secure and detain them while they remain in port; and in all cases where the vessel is not bound for the l'nited States, he is directed to procure at least two of the principal witnesses to be sent along with the prisoners. And he will, at the same time, promptly transmit certified copies of all the depositions, together with a carefully prepared report of all the facts and proceedings that may aid in establishing the guilt of the offenders, to the United States attorney for the district to which the prisoners are sent, and also a like
report of the case to the Department of State. When practi cable to do so, consuls should send the witnesses to the United states in the same ship with the accused, and in all casei should endeavor to get witnesses to the place of trial as soor as possible after the arrival of the accused.
356. General principles of jurisdiction. The general principle on which such offenses are exempted from the cognizance of foreign tribunals is, as stated by Wheaton, that the public and private vessels of every nation, on the high seas, and ou of the territorial limits of any other state, are subject to the jurisdiction of the state to which they belong. This jurisdic tion, however, is exclusive only so far as respects offenses against its own municipal laws. It is accordingly otherwise with piracy and other crimes against the law of nations. It is asserted that a vessel while upon the high seas is to be regarded as a part of the country whose flag she bears, and that therefore all offenses and crimes against the laws of the country are cognizable by its tribunals alone; and that, as the municipal laws of the state provide for the punishment of offenders in its territory, whether foreigners or its own citizens or subjects, so also this cognizance embraces all persons, without regard to nationality, who have committed offenses against its laws upon its vessels when on the high seas. Whenever, therefore, jurisdiction over offenses or crimes so committed on American vessels is asserted and exercised, as has sometimes been the case, by the courts of a foreign country, it is the duty of the consular officer to protest against any and all proceedings, and to report the facts and circumstances to the Department of State and to the diplomatic representative of the United States, if there be one accredited to the country.-Dana's Wheaton, 106, 107. (Paragraphs 307, 308.)
357. Expenses of detention and transportation. The expenses incident to the removal of an offender from a vessel and his