PT. 3. Judicial Decisions Affecting the Treaty-Making Power of the United States, Its Extent and Application

PT. 3. Judicial Decisions Affecting the Treaty-Making Power of the United States, Its Extent and Application

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...arising between the subjects-of the Sublime Porte and citizens of the United States. It is not in dispute that the usages observed towards 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 ioreign Christians. 2. Consular Courts for the business of each nation of foreign Christians. 3. Trial of questions between foreign Cliristizms of different nations in the Consular Court of the defendant's nation. 4. Mixed tribunals of Turkish magistrates and foreign Christians at Enmll substituted in part for cases between Turks and foreign Chris ians. 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. A provision in a Treaty that a Consul may ex otficio administer upon the estates of citizens of his nationality dying within his jurisdiction without legal heirs there, gives no right of reclamation against the United States for the value of the property of such a decedent improp"_lY 3(lIHil1istered on by a State Court, unless the Consul first exhausts 1118 remedies at law to prevent such State administration. (1) Judicial powers are not necessarily incident to the ofice of consul, ammugll usually conferred in non-Christian countries. _Tl' 51PI'eme Court of the United States has held that the treaties ""11 the Ottoman Empire of 1830 and 1862 concede to the United States thesamc privileges in this respect as are enjoyed by other Christian 'm1115, more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236797671
  • 9781236797674