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
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.