Local tribunals to order arrest of foreign deserters. 241. The police courts or magistrates of each nation shall, upon the application mentioned in the next article, order the arrest and surrender to his consul of any person charged with desertion, as therein provided, unless it appears that the person charged was at the time of shipping, and still is,' a member of the nation in which his extradition is claimed. For the purpose of making provision for the discharge and relief of seamen, all seamen regularly shipped in the ships of any nation are to be regarded as such nation's seamen. 1 Most of the treaties only allow the exception in favor of citizens, when the party was such at the time of shipping; but obviously the same character must continue at the time of the application, to entitle the party to the exemption. Article IX. of the convention between the United States and France, Feb. 23, 1853, (10 U. S. Stat. at L. (Tr.,) 114,) contains an exception of somewhat the same effect, as follows: unless "citizens of the country where the demandis made, either at the time of their shipping, or of their arrival in the port." Application for extradition, how made. 242. Application for the extradition of deserters must be made in writing by the consul' of the ship's nation, accompanied with proof, by the exhibition of the register of the ship, the roll of the crew, or by other official documents; or, if the ship be absent, by copies of such documents, duly certified, that the person charged belongs to the ship, and with proof, by oath, of his identity.” 1 The application must be made by the consul, because in reference to the discharge, with his own consent, of a seaman or mariner, being a citizen of the consul's nation, the consul acts as the lawfully authorized guardian of the seaman of his nation, to hear and examine his complaints, and to afford him the only protection which the representative of his country can give him on foreign soil, viz: the termination of his connection with the ship. United States Consular Regulations, (1870,) ¶¶ 131, 133. 2 The convention between the United States and Italy, Feb. 8, 1868, (15 U. S. Stat. at L., 190, Art. XIII.,) and some others, allow surrender without oath to identity, but it seems better to abrogate that exception. Capture and imprisonment. 243. The local authorities shall give all necessary aid in searching for and arresting the deserters, and shall, at the request and expense of the consul,' imprison them until restored to their ships, sent home, or discharged. By the provisions of this Code as to jurisdiction, the process of the local authorities may be executed on private and other unarmed foreign ships within the waters of a nation. 1 Convention or treaty between the United States and Belgium, France, Dec. 5, 1868, Art. XII., U. S. Cons. Reg., (1870,) ¶ 500. IX., 10 U. S. Stat. at L., (Tr.,) 114. In many treaties of the United States, however, it is provided, that deserters, when arrested, shall be at the disposal of their consuls," and "may be confined in the public prisons, at the request and expense of those who shall reclaim them,”-meaning the agents, owners or masters of vessels on account of whom the deserters have been apprehended,"until restored to their ships, or sent back to their own country." See treaty or convention between the United States and Bolivia, May 13, 1858, Art. XXXIV., 12 U. S. Stat. at L., 1003. II., 13 Id., 605. XI., 8 Id., 382. Prussia, May 1,1828, Russia, Sweden & } Norway, July XIV., 8 Id., 346. And other treaties. United States Consular Regulations, (1870,) ¶ 35, and Appendix No. 1. It is noticeable that expenses of search and arrest are not provided for. Deserters to be sent back. 244. The deserters may be restored by the consul to the ship to which they belong, if within his jurisdiction, or sent back to his country in ships of any nation whatsoever. Limit of imprisonment. 245. Except as provided in the next article, the imprisonment of a deserter, under this Section, cannot continue more than two months,' reckoning from the day of the arrest; at the expiration of which time, and upon a notice of three days given to the consul, the deserter shall be set at liberty, and cannot be again arrested for the same cause. 1 1 The time stated in the treaties as the limit of imprisonment, varies from two to six months. Treaty between the United States and Sweden and Norway, July 4, 1827, Art. XIV., 8 U. S. Stat. at L., 346, . Convention between the United States and France, Feb. 23, 1853, Art. IX., 10 Id., (Tr.,) 114., Consular convention between France and Austria, Dec. 11, 1866, Art. XII., 9 De Clercq, p. 669, Treaty between the United States and Russia, Dec. 6–18, 1832, 8 U. S. Stat. at L., 448, Treaty between the United States and Hawaii, Dec. 20, 1849, Art. X., 9 Id., (Tr.,) 182, two months. three months. three months. four months. six months. Delay of extradition for punishment of offense. 246. If a deserter is charged with committing an offense cognizable by the local authorities, they may defer his surrender until he is acquitted, or punished therefor. Consular convention between France and Portugal, July 11, 1866, Art. XIII., 9 De Clercq, 582. PART II. THE RELATIONS OF A NATION TO THE PERSONS AND PROPERTY OF THE MEMBERS OF OTHER NATIONS. TITLE VI. NATIONAL CHARACTER. VII. DOMICIL. VIII. NATIONAL JURISDICTION. IX. DUTIES OF A NATION TO FOREIGNERS. X. DUTIES OF FOREIGNERS TO THE NATION. TITLE VI. NATIONAL CHARACTER. National character, as here treated, and as elsewhere mentioned in this Code, is that which is recognized during Peace. It may perhaps be regarded as coextensive with Allegiance, and to some extent to correspond with Jurisdiction. In questions arising out of War, national character, in the sense of belligerent or neutral, is said to be impressed on persons, according to domicil or other circumstances; but it has seemed better to use the words in this Code in their strict sense. The hostile or neutral character, which may be acquired or lost by acts aiding the enemy, without respect to any element of national character, will be the subject of provisions of the Book on WAR. For a recent discussion of the subject of National Character of Persons, see the Transactions of British Association for the Promotion of Social Science, 1868, pp. 158, 179; Revue de Droit International, 1870, No. 1 p. 120. The new English Law of Naturalization recognizes the principle of defeasible allegiance, &c., as expressed in Chapter XIX. See "The Naturalization Act, 1870," 33 Vict., c. 14. CHAPTER XIX. Of Persons. 251. Legitimate child of a foreigner. 252. Illegitimate children. 253. Effect of recognition. 254. Mode of recognition. 255. Illegitimate child born abroad. 256. Parents of unknown national character. 257. Presumption of membership. 258. Change of national character. 259. Political privileges unaffected by mar riage. 260. Effect of marriage and removal. "National character" defined. 247. The national character of a person is his connection with a nation, being one of its members, as explained in this Chapter. Every person has one national character. 248. Every person has a national character.1 Νο |