State to the Author of another, to be tried
by a Foreign Tribunal, that, without
express instructions, Taotai take no action in the
matter. Here, especially,
Here could be
no
in China, where
reciprocity under the
extraterritorial clause, the simple
statement of such a novel & one-sided pretension
on our
part would appear an insult to the face of the Country.
Whatever
may in
the abstract be the apparent justice of the principle, which has been contended for by Sir Edmund Hornby
on a
former
occasion, that a criminal
should be tried by the tribunals of the country the Laws of which he has violated,
that where the wrong is done,
there the
trial should take place, - it has not
yet found place in any recognized system
of International Law, nor in any Treaty
of which I have
cognisance; & I scarcely
think China is favourable ground for the introduction of a
new
practice, not sanctioned
by the usages of Europe.
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