of all dispatches and letters addressed to a consular office and copies of all that are written by him in his official capac ity, including all official reports and returns, all books pro sented to the consulate or sent to it by the Department State, also all the record books, as described in this article are to be considered as official documents, and are to be depos ited among the consular archives, after being duly registered and are to be transferred with the effects of the consulate together with the seal, press, arms, flag, and all other prop erty belonging to the United States, to his successor in office

ARTICLE XXX.

JUDICIAL POWERS IN NON-CHRISTIAN COUNTRIES. 612. China, Japan, Siam, and Madagascar.—Ministers and con suls of the United States, duly appointed to reside in China Japan,1 Siam, and Madagascar-in addition to other power and duties imposed upon them, respectively, by the provision of the treaties with those countries-are invested with the judi cial authority described in Title XLVII of the Revised Stat utes, which shall appertain to the office of minister and consul and be a part of the duties belonging thereto, where and so far as the same is allowed by treaty.-R. S., sec. 4083

613. Turkey. The provisions of Title XLVII of the Revise Statutes, so far as the same relate to crimes and offenses com mitted by citizens of the United States, are extended to Turkey, under the treaty with the Sublime Porte of May 7 1830, and also for the exercise of jurisdiction in civil case wherein the same is permitted by the laws of Turkey or its usages in its intercourse with the Franks or other foreig Christian nations.-R. S., sec. 4125.

1

By the treaty with Japan concluded November 22, 1894, the jurisdic tion of consular courts of the United States in Japan is to cease and determine July 17, 1899.

614. Persia. The provisions of Title XLVII of the Revised Statutes extend also to Persia in respect to all suits and disputes which may arise between citizens of the United States therein. All suits and disputes arising in Persia between Persian subjects and citizens of the United States are to be carried before the Persian tribunal to which such matters are usually referred, at the place where a consular officer of the United States may reside, and shall be discussed and decided according to equity in the presence of an employee of the consular officer; and it is the duty of the consular officer to see that justice is administered. All suits and disputes in Persia between citizens of the United States and the subjects of other foreign powers are to be tried and adjudicated by the intermediation of their respective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon between the respective ministers. These regulations from time to time are to be submitted to the Secretary of State. 615. Barbary States, Maskat, and Samoa.-The provisions of Title XLVII of the Revised Statutes extend also to Tripoli, Tunis, Morocco, Maskat, and the islands of Samoa, so far as the same can be exercised under the provisions of treaties with those countries and in accordance with the usages of the countries in their intercourse with the Franks or other Christian nations.-R. S., sec. 4127.

616. Extension of jurisdiction to other countries. The provisions of Title XLVII of the Revised Statutes with respect to the jurisdiction of consular officers in civil and criminal cases is also extended to any country with which the United States have or may hereafter have treaty relations. The act of Congress of June 14, 1878, provides that whenever the United States shall negotiate a treaty with any foreign government, in which the consul-general or consul of the United States shall be clothed with judicial authority, and securing the right of trial to citizens of the United States residing therein

before such consul-general or consul, and containing provi sions similar to or like those contained in the treaties with Tripoli, Tunis, Morocco, Maskat, and the islands of Samoa, the provisions of Title XLVII, so far as they may be applicable, shall have full force in reference to said treaty and shall extend to the country of the government negotiating the same.-R. S., secs. 4127, 4129; 20 Stat. L., 131.

617. Uncivilized countries. The consuls and commercial 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 are also invested by statute with the power to hear and determine all cases in regard to civil rights, whether of persons or property, where the real debt or damages do not exceed $1,000, 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.—R. S., sec. 4088.

They may also issue warrants to arrest offenders; arraign, try, and convict them; and punish them to the extent of $100 fine or imprisonment not to exceed sixty days. And generally they are invested with the powers conferred by the Revised Statutes (sections 4086 and 4087) for the trial of offenses or misdemeanors.-R. S., sec. 4088.

618. Constitutionality. The Supreme Court of the United States has held that the National Government has power to make treaties providing for the exercise of judicial authority in other countries by its officers appointed to reside therein, and that the provisions of Title XLVII of the Revised Statutes for the trial of felonies without indictment by a grand jury and trial by a petit jury are constitutional.—140 U. S., 453.

619. Mixed courts in Tunis, Morocco, and Tripoli.-In Tunis,

Morocco, and Tripoli, citizens of the United States committing murder or homicide upon a subject of those powers are to be tried by a mixed court, at which the consul is to "assist."

620. Usages in Turkey.-The undisputed portion of the fourth article of the treaty of 1830 with the Ottoman Porte provides for the supervision of the American dragoman in the hearing of all litigations and disputes arising between the subjects of the Sublime Porte and citizens of the United States. It is not in dispute that the usages observed toward other Franks are to be observed toward citizens of the United States. These usages are believed to be the following:

1. Turkish tribunals for questions between subjects of the Porte and foreign Christians.

2. Consular courts for the business of each nation of foreign Christians.

3. Trial of questions between foreign Christians of different nations in the consular court of the defendant's nation. 4. Mixed tribunals of Turkish magistrates and foreign Christians, at length substituted in part for cases between Turks and foreign Christians.

5. Finally, for causes between foreign Christians, the substitution at length of mixed tribunals in place of the separate courts—this arrangement introduced at first by the legations of Austria, Great Britain, France, and Russia, and then tacitly acceded to by the legations of other foreign Christians. 621. Most favorable usage to be claimed in Turkey.-Whatever favorable usage may be observed toward subjects or citizens of Great Britain, France, Austria, Italy, Russia, Germany, or of any other great power, must be claimed and insisted upon in favor of citizens of the United States; for by the first article of the treaty of February 25, 1862, between the United States and the Ottoman Empire, it is agreed that all rights, privileges, and immunities granted to the subjects of any

other foreign power shall be equally granted to and enjoyed by the citizens of the United States.

622. Treaty of 1858 with China. The revised treaty with China of 1858 (article 11) provides that if controversies arise between citizens of the United States and subjects of China which can not be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction. 623. Criminal jurisdiction.—Consuls in the countries hereinbefore mentioned are empowered to arraign and try at the posts for which they are appointed, and in the manner provided in Title XLVII of the Revised Statutes, all citizens of the United States charged with offenses against law, committed in such countries respectively, and to sentence such offenders in the manner therein authorized, and to issue all such processes as are suitable and necessary to carry this authority into execution.-R. S., secs. 4084, 4087.

624. Civil jurisdiction.-Consuls are invested with all the judicial authority necessary to execute the provisions of such treaties, respectively, in regard to civil rights, whether of property or person; and such jurisdiction embraces all controversies between citizens of the United States, or others, provided for by such treaties. They shall entertain jurisdietion in matters of contract at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed, and in all other matters at the port where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained, provided such port be one of the ports at which the United States are represented by consuls.-R. S., sec. 4085.

625. Mode of proceeding. The mode of proceeding and the laws by which consular officers are to be governed are prescribed or provided for by the statutes. They should consult