A consular officer may discharge a seaman upon his own or his master’s application, provided the terms of the agreement have been fulfilled. He is also to give a certificate to that effect to the seaman. Other cases where American seamen are discharged abroad are for sickness, misconduct, on the sale of American vessel, on account of ill treatment, when vessel is wrecked or condemned as unseaworthy, etc. The general policy of the government is to “discountenance the discharge of seamen in a foreign port”, and any master who knowingly abandons a seaman abroad is subject to fine and imprisonment. “Cases have occurred in which the consular officers have, with the subsequent approval of the Department of State, removed masters of vessels and appointed others in their places to complete the voyage”, but this was only when the “gross incompetency” of the masters endangered the lives of passengers and crew.
A consul in discharging a seaman, must see to it that his wages are paid, otherwise “he shall be held accountable to the United States for the full amount thereof”.
It is the duty of the consul to provide for destitute seamen, to secure their transportation to the United States at government expense, subject always to certain conditions, and to take charge of their effects upon their death at sea or in port.
The consular officers must help to reclaim deserters and call in the assistance of the local authorities for this purpose if necessary, which they are authorized to do by treaty with several countries and by comity or usage with others.
One of the many interesting points in international law is that of “mixed jurisdiction”, as it is called, or jurisdiction within a harbor. A dispute on shipboard on the high seas is clearly within the jurisdiction of the country under whose flag the vessel is sailing, but when the vessel comes into the harbor of another country it is just as clear that the jurisdiction of that country is superior. As a matter of practice, however, it has long been found best to allow all such controversies occurring on shipboard within a harbor to be tried by the law and authorities to which the vessel is subject, provided, of course, that “it does not involve the peace or dignity of the country, or the tranquility of the port” where it occurs. In all such cases the consul, as the representative of his government, acts as an officer of justice. Where he is authorized by treaty to call for local aid he is cautioned not to do so if it can be avoided. If such aid is refused, he should lay claim to his treaty rights and then report at once to the diplomatic officers in the country and to the State Department.
This hurried review of the consul’s relations to seamen leaves a great deal unsaid, but the main points, at least, have been touched upon. Let us now turn to
IMMIGRATION.
The old idea that this land is an asylum for all kinds and conditions of men is now happily exploded. The classes of aliens now excluded are as follows:
- (a) Chinese laborers.
- (b) Contract laborers.
- (c) All idiots and insane persons.
- (d) Paupers or persons likely to become a public charge.
- (e) Persons suffering from a loathsome or contagious disease.
- (f) Felons and all criminals except political offenders; (and these latter are excluded if the penalty is removed upon condition of immigration).
- (g) Polygamists.
- (h) Assisted immigrants.
- (i) Abandoned women.
Every master of a vessel having on board immigrants bound for any port in the United States is obliged upon arrival to submit a manifest to the inspector of immigration. A manifest is a list of the immigrants on board, with a general description of each one, giving name, age, sex, nationality, ability to read and write, calling or occupation, means, destination, etc. This must be subscribed and sworn to by the master in the presence of the consul before the vessel can leave port, and in like manner the surgeon of the vessel must take oath that he has made a personal examination of each one and finds everything satisfactory.