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"and that they should await such 'order in the premises' might be made at the United State's Consulate concerning them?"
The opinion of Mr Justice Ball in the Attorney General's absence was taken and Mr Pauncefote's opinion on his petition was fully taken. Copies of these opinions and the whole correspondence are enclosed in order that Your Grace may be in complete possession of the circumstances.
It will be seen that the men after being detained by the Invercargill Police for nearly a fortnight were finally brought in due course of law before the sitting Police Magistrate and discharged. The United State's Consul, though duly notified, failed to appear against them.
Consul Alton seems to have assumed a right to try the prisoners at his own Consulate, but, as the Attorney General points out, he was confusing his position as Consul in a British Port with that of his fellow Consuls in the open Ports of China where jurisdiction over their respective citizens is allowed to the Consuls by treaty.