into, and in some sense judge and decide, the question of culpability. He must, of necessity, inquire in the usual waythat is, by hearing testimony not as a judicial officer but as consul. As to judgment—that is, deciding whether to detain or not to detain-he must have large discretion. He need not detain men upon such suspicion of guilt as would justify an examining 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.— & 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 United 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 United 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 practicable to do so, consuls should send the witnesses to the United states in the same ship with the accused, and in all cases should endeavor to get witnesses to the place of trial as soon as possible after the arrival of the accused.

It

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 out of the territorial limits of any other state, are subject to the jurisdiction of the state to which they belong. This jurisdiction, 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. 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

transportation to the United States are usually considerable in amount. In some instances it has been found necessary to employ a keeper for the prisoners; but such an outlay is justified only when the safe-keeping of the accused can not be stipulated for in the contract with the transporting vessel or there are other controlling reasons. Consular officers, therefore, will be careful not to subject the Government to the expense of sending offenders to the United States, and of their imprisonment and trial in this country, unless the offense is of an aggravated character and the evidence is such as to render it probable that a conviction can be obtained.

358. Transportation not obligatory on shipmasters.—While masters of American vessels in foreign ports are subject, on the requisition of the consular officer, to convey distressed seamen to the United States, they are not obliged to take on board seamen or other persons charged with crime, to be brought to the United States for trial.-7 Op. Att. Gen., 722. No specific instructions can be given as to the amount a consular officer may agree to allow a master for transporting a prisoner; but the compensation should be reasonable. The amount may be left, by mutual agreement, to the determination of the Department of State, when all the circumstances shall have been presented after the arrival and delivery of the prisoner to the proper authorities.

359. Accounts. All disbursements and expenses incurred by consular officers for the arrest, imprisonment, and transportation of persons accused of crime against the United States should be stated in a separate account and transmitted to the Department of State, supported by proper vouchers; and the draft therefor, when there are not sufficient funds in the consulate, should be drawn upon the Secretary of State. 360. No allowance for legal services. No allowance will be made to consular officers for expenses incurred in procuring

the defense in any court of law of American seamen or of persons accused of crimes against the laws of the United States, or the laws of foreign countries, without the special permission or sanction of the Department of State.

ARTICLE XXII.

IMMIGRATION AND QUARANTINE.

361. Classes of aliens excluded.-The following classes of aliens are excluded from admission into the United States in accordance with the existing acts of Congress regulating immigration: 18 Stat. L., 477; 23 Stat. L., 332; 26 Stat. L., 1084. (a) Chinese laborers. (See paragraph 368.)

(b) Foreigners and aliens under contract or agreement made previous to their departure from the foreign country to perform labor or service of any kind in the United States, except as specified in section 5 of the act of February 26, 1885, as amended by section 5 of the act of March 3, 1891. (c) All idiots and insane persons.

(d) Paupers or persons likely to become a public charge. (e) Persons suffering from a loathsome or a dangerous contagious disease.

(f) Persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude. This does not apply to persons convicted of a political offense, but does include those whose sentence has been remitted upon condition of emigration.

(g) Polygamists.

(h) Any person whose ticket or passage is paid for with the money of another or who is assisted by others to come, unless it is affirmatively and satisfactorily shown on special inquiry that such person does not belong to one of the foregoing excluded classes.

(i) Women imported for purposes of prostitution.

362. Manifests. It is the duty of the master or commanding officer of a steamer or sailing vessel having any alien immigrants on board bound for a port of the United States to prepare, for delivery to the proper inspector of immigration at the port of arrival, lists or manifests, containing not more than thirty names each, which shall, in answer to questions at the top of said lists, state as to each immigrant the full name, age, and sex; whether married or single; the calling or occupation; whether able to read or write; the nationality; the last residence; the seaport for landing in the United States; the final destination, if any, beyond the seaport of landing; whether having a ticket through to such final destination; whether the immigrant has paid his own passage or whether it has been paid by other persons or by any corporation, society, municipality, or government; whether in possession of money, and, if so, whether upward of $30, and how much if $30 or less; whether going to join a relative, and, if so, what relative and his name and address; whether ever before in the United States, and, if so, when and where; whether ever in prison or almshouse or supported by charity; whether a polygamist; whether under contract, express or implied, to perform labor in the United States; what the immigrant's condition of health mentally and physically is; whether deformed or crippled, and, if so, from what cause.27 Stat. L., 569.

363. To be verified before consul.-Each list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding officer or of the officer first or second below him in command, taken before the United States consul or consular agent at the port of departure, before the sailing of said vessel, to the effect that he has made a personal examination of each and all of the passengers named therein; that he has caused the surgeon of said vessel sailing therewith to make a physical examination of each of