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M. E. M. Nichols, an American citizen, Master of the American barque "Reindeer", ship, was received on board this ship, at the request of the American Consul, to protect him from an illegal arrest and imprisonment by a Magistrate of Hongkong. So far as I have been informed the course pursued by this Magistrate has been instigated by circumstances, and illegal.
By his direction a police officer was sent on board an American Ship, and a man released from confinement by it, who had been placed in irons by order of the Captain, for desertion, mutiny, and a violation of the discipline of the Ship, an offence not cognizable by the English, but to American Law.
This Magistrate, not content with this gross outrage on the American flag, subsequently arraigned the Captain of the ship, who certainly had committed an offence against the Laws of the Colony, fines him seventy-five dollars, (fifty for the Court, and twenty-five for the Prosecutor) and in default of payment, sentenced him to incarceration in the common jail.
Under these views of the sense of duty will compel me to afford an asylum and protection to Captain Nichols, at least until it shall be made satisfactorily to appear to me that he has committed some offence or crime, for which he can justly be held amenable to English Law.
Very respectfully, Sir,
(Signed) Wm. J. McCluney, Captain, H. M. S. "Herald", Commanding M. J. Steam Frigate "Proserpine".