in his certificate. (Form No. 35.) These facts thus authenticated, if the transfer is in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States; and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith.

344. Consul's responsibility. The authority of a consular officer to authenticate the transfer of a foreign vessel is wide in its effects and imposes great responsibility in making him, in the first instance at least, the sole judge of the good faith of the transaction. The question of the honesty and good faith of such a sale rises into the gravest importance in the event of a war between two or more powers in which the Government of the United States is a neutral. In such a war experience justifies the expectation that the citizens or subjects of one or more of the belligerents will seek to protect their shipping by a transfer to a neutral flag. In some instances this may honestly be done; but the sales of the vessels of belligerents in apprehension of or in time of war are always and properly liable to suspicion, and they justify the strictest inquiry on the part of the belligerent who may thereby have been defrauded of his right to capture the enemy's property. The acceptance of the pretended ownership of a vessel under these circumstances may be very profitable; and the temptation to abuse his trust in such a case to which a consular officer is subjected may be too great for persons of ordinary integrity, discernment, and firmness to withstand. Instances are not wanting in which citizens of the United States who were wholly incapable, from their previous well-known condition and pursuits, of making such a purchase have appeared as owners under sales of this character and have sought for them the protection of the Government.

345. Careful investigtion enjoined. It is the duty of a consular officer to use all available means, especially during the existence of a war to which this Government is not a party, to

satisfy himself that the sale of a vessel is made in good faith and without a fraudulent intent. A considerable discretion and responsibility rest upon him in the determination of the good faith of such transactions. It is not to be concluded that all such sales, even in time of peace, are honest and free from collusion or fraud. It is the duty of the consular officer to notice all circumstances that throw doubt on the good faith of the transaction or point to its fictitious character, and, if he is satisfied in this respect, to refuse to grant his certificate. On the other hand, he is not permitted to regard the mere fact of the sale of a vessel to a citizen of the United States as any evidence of fraud. The presumption must be otherwise, and, in the absence of any indication of dishonesty, a sale in the regular way, with the usual business formalities, is to be regarded as made in good faith.

346. Certificate, when to be issued. When a consular officer shall have satisfied himself, after the investigation with which he is charged, that the sale of a vessel is not fictitious and is made in good faith, and that the purchaser is a citizen of the United States, it is his duty, when requested, to record the bill of sale in the consulate, and to deliver the original to the purchaser, with his certificate annexed thereto, according to Form No. 35. A copy of the bill of sale, together with any other papers belonging to the transfer, and of the consular certificate should be sent without delay to the Department of State, with a report of the facts and circumstances of the transaction.

347. Right to fly the flag.-The privilege of carrying the flag of the United States is under the regulation of Congress, and it may have been the intention of that body that it should be used only by regularly documented vessels. No such intention, however, is found in any statute. And as a citizen is not prohibited from purchasing and employing abroad a foreign ship, it is regarded as reasonable and proper that he

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.

ARTICLE XXI.

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 be 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 so 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 States 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