On August 8, 1862, Supreme Consular Court
judge Sir Edmund Hornby said de Bono's behaviour was suspicious, but Petherick had not gathered reliable evidence.
72) This concern was shared by Secretary Blaine in the State Department, most notably, who suggested twice, in 1881 and 1884, that the United States replace the make-shift consular court system in China with a proper judicial tribunal, complete with a jury and the full panoply of constitutional guarantees.
It is also noteworthy that as early as 1859 the California Supreme Court had observed, in an appeal from a consular court, "It seems that American citizens residing for the purpose of trade in the ports of China are not regarded as subjects of that government, but that, for purposes of government and protection, they constitute a kind of colony, subject to the laws and authority of the United States.
2d 359 (1941) (holding, in appeal from the Unted States Consular Court at Cairo, Egypt, that "the law governing intestate succession is found in the special acts of Congress providing for intestate succession in the District of Columbia").
Supreme Court considered an appeal from an American consular court in Egypt and similarly rejected a constitutional challenge to it.
claims settlement agreements, and agreements relating to extraterritorial consular court jurisdiction.
By treaty and statute, the consular courts exercised
Although defendants before the consular courts were extended, by
especially China, and streamlined consular courts presented (at least in
Pursuant to a treaty with Japan, Ross was tried and convicted in an American consular court sitting in Kanagawa, Japan.
Following his conviction, Ross petitioned for a writ of habeas corpus, arguing that the statute establishing the consular courts was unconstitutional.
These treaties, which allowed foreigners resident in Japan, when charged with breaking the law, to be tried by their own consular courts
instead of Japanese courts, were regarded by most Japanese as unacceptable infringements on the sovereignty of their nation.