The United States Consul invokes the aid of the Executive of the Colony to detain here on British Territory (for the purpose of transmission for trial before an American tribunal) certain American Citizens charged with an offence committed on board an American Ship on the high Seas, or in other words committed within the jurisdiction of the United States; and he bases that application on the ground that by intendment of Law those persons though landed here have never been beyond the control of the United States Authorities. " In that view I cannot concur.
Foreign Consuls have not in ordinary Ports judicial power over the Subjects of their own country which in certain places, as for instance the ports of China, is allowed them by Treaty; and if the Prisoners had been landed at Canton there would have been no difficulty, but from the moment they were landed in this Colony they ceased to be within the jurisdiction of the United States and their position was altered to that of persons "found within the territories of Great Britain" according to the terms and meaning of the Extradition Treaty; for the expression "found" within the jurisdiction has been held...
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has been held to apply to persons who are within the territory.