No. 1133.
To the consular officers of the United States having extraterritorial jurisdiction.


Gentlemen: The Secretary of the Navy on the 13th instant called the attention of this Department to the fact that the circular of August 19,1887, in relation to the status of naval seamen after conviction in consular courts of offenses subjecting them to imprisonment, contravenes, by reason of the generality of its terms, the regulation of November 2, 1875, providing for the concurrent jurisdiction of the naval and consular authorities as to minor offenses of naval seamen.

The circular of August 19, 1887, is therefore amended so as to read as follows:

A seaman of the Navy who is convicted in a consular court of a felonious offense (as distinguished from cases of overstaying leave, disorderly conduct, drunkenness, and other comparatively minor offenses, of which, under the regulation of November 2, 1875, the naval and consular authorities have concurrent jurisdiction) ceases, from the date of such conviction, to be in the naval service of the United States, and should be dealt with thenceforth as a private individual. Therefore you should promptly notify the commanding officer of the vessel on which the man served, or the [Page 1666] commander in charge of the squadron, when any such conviction occurs, and he in turn will communicate to you the action subsequently taken by him under orders of the Navy Department.

I am, gentlemen, your obedient servant,

G. L. Rives,
Assistant Secretary.