In trials for capital offenses there must be four advisers, and their judgment must concur with the consul’s, and their combined judgment must be approved by the minister before there can be conviction. In some cases appeal may be made to the minister and rarely to a U. S. circuit court, but in general the decision of the consul is final. Hence, although the power of life and death is lodged in the hands of the consul, it is well safeguarded, and the danger of its abuse is more apparent than real.
There are some miscellaneous duties devolving upon the consular service which we will notice briefly before turning finally to the duties to the State Department.
EXTRADITION.
Whenever a criminal attempts to escape justice by fleeing to another country it is a delicate matter to recapture him, necessarily; for aside from the ordinary difficulties of the case the powers add a few by their carefulness to preserve each other’s dignity in such matters. Thus the pursuit of a criminal by the officers of one country into the territory of another, even when permitted by treaty, may result in a rather awkward state of things, especially if what is regarded as a crime in the one is not so much of a crime in the other. For instance, suppose that the laws of Canada regarding embezzlement are not as stringent as are those of the United States, or suppose she hasn’t any at all: one can see that a request by our Government for the extradition of an embezzler might strain international courtesy more than a trifle. A treaty is a prerequisite to extradition in any country, and fortunately our Government has such treaties with most of her neighbors, though there are some startling exceptions.
Whenever a warrant or “requisition” is made for a fugitive criminal it is usual to act through a diplomatic officer. If it is made through a consul it must first be with the sanction of the State Department.
TRANSFER OF FOREIGN VESSELS.
The right of citizens to purchase foreign-made vessels abroad involves the right to the protection of those vessels. A vessel cannot sail the high seas without registration and a flag; for if she does she is liable to seizure as a pirate. Hence the ceremony of transfer in such a case must be attended to by the consul.
Ordinarily this does not imply any great responsibility, but while a war is in progress it is a very different thing, no matter whether we are neutrals or belligerents. To illustrate: Suppose during the recent war the owner of an American vessel wished to put it out of danger by putting it under a neutral flag. This he might do by a pretended sale to a citizen of a foreign country through the connivance of a consul. It is the consul’s duty, therefore, to prevent such fraudulent sales, to take all possible pains to satisfy himself that the sale is or is not a genuine transaction.
WATCHING ENEMY’S VESSEL.
In case of war with another power the consuls are required to keep watch on the movements of the enemy’s vessels and report promptly to the Department.