[140 U.S. 453, 463]
ddle Ages.’ During those ages these commercial magistrates, generally designated as ‘consuls,’ possessed to some extent a representative character, sometimes discharging judicial and diplomatic functions. In other than Christian countries they were, by treaty stipulations, usually clothed with authority to hear complaints against their countrymen, and to sit in judgment upon them when charged with public offenses. After the rise of Islamism, and the spread of its followers over western Asia and other countries bordering on the Mediterranean, the exercise of this judicial authority became a matter of great concern. The intense hostility of the people of Moslem fath to all other sects, and particularly to Christians, affected all their intercourse, and all proceedings had in their tribunals. Even the rules of evidence adopted by them placed those of different faith on unequal grounds in any controversy with them. For this cause, and by reason of the barbarous and cruel punishments inflicted in those countries, and the frequent use of torture to enforce confession from parties accused, it was a matter of deep interest to Christian governments of withdraw the trial of their subjects, when charged with the commission of a public offense, from the arbitrary and despotic action of the local officials. Treaties conferring such jurisdiction upon these consuls were essential to the peaceful residence of Christians within those countries, and the successful prosecution of commerce with their people. The treaty-making power vested in our government extends to all proper subjects of negotiation with foreign governments. It can, equally with any of the former or present governments of Europe, make treaties providing for the exercise of judicial authority in other countries by its officers appointed to reside therein. We do not understand that any question is made by counsel as to its power in this respect. His objection is to the legislation by which such treaties are carried out, contending that, so far as crimes of a felonious character are concerned, the same protection and guaranty against an undue accusation or an unfair trial secured by the constitution to citizens of the United States at home should be enjoyed by them abroad. <
[140 U.S. 453, 464]
In none of the laws which have been passed by congress to give effect to treaties of the kind has there been any attempt to require indictment by a grand jury before one can be called upon to answer for a public offense of that grade committed in those countries, or to secure a jury on the trial of the offense. Yet the laws on that subject have been passed without objection to their constitutionality. Indeed, objection on that ground was never raised in any quarter, so far as we are informed, until a recent period. It is now, however, earnestly pressed, by counsel for the petitioner, but we do not think it tenable. By the constitution a government is ordained and established ‘for the United States of America,’ and not for countries outside of their limits. The guaranties it affords against accusation of capital or infamous crimes, except by indictment or presentment by a grand jury, and for an impartial trial by a jury when thus accused, apply only to citizens and others within the United States, or who are brought there for trial for alleged offenses committed elsewhere, and not to residents or temporary sojourners abroad. Cook v. U. S.,
138
U.S. 157, 181
, 11 S. Sup. Ct. Rep. 268. The constitution can have no operation in another country. When, therefore, the representatives or officers of our government are permitted to exercise authority of any kind in another country, it must be on such conditions as the two countries may agree; the laws of neither one being obligatory upon the other. The deck of a private American vessel, it is true, is considered, for many purposes, constructively as territory of the United States; yet persons on board of such vessels, whether officers, sailors, or passengers, cannot invoke the protection of the provisions referred to until brought within the actual territorial boundaries of the United States. And, besides, their enforcement abroad in numerous places, where it would be highly important to have consuls invested with judicial authority, would be impracticable from the impossibility of obtaining a competent grand or petit jury. The requirement of such a body to accuse and to try an offender would, in a majority of cases, cause an abandonment or all prosecution. The framers of the constitution, who were fully
aware of the necessity of having judicial authority exercised by our consuls in non-Christian countries, if commercial intercourse was to be had with ther p eople, never could have supposed that all the guaranties in the administration of the law upon criminals at home were to be transferred to such consular establishments, and applied before an American who had committed a felony there could be accused and tried. They must have known that such a requirement would defeat the main purpose of investing the consul with judicial authority. While, therefore, in one aspect the American accused of crime committed in those countries is deprived of the guaranties of the constitution against unjust accusation and a partial trial, yet in another aspect he is the gainer, in being withdrawn from the procedure of their tribunals, often arbitrary and oppressive, and some times accompanied with extreme cruelty and torture. Letter of Mr. Cushing to Mr. Calhoun of September 29, 1844, accompanying president’s message communicating abstract of treaty with China, (Senate Doc. 58, 28th Cong. 2d Sess.;) letter on judicial exterritorial rights by Secretary Frelinghuysen to chairman of senate committee on foreign relations of April 29, 1882, (Senate Doc. 89, 47th Cong. 1st Sess.;) 2 Phillim. Int. Law, 7; Halleck, Int. Law, c. 41.
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The above is optional reading. It is from the U.S. Supreme Court
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=140&invol=453#464
and exemplifies the idea of the constitution having limited to no overseas effect: even as to U.S. Citizens.