CO129-052 - Sir Bowring - 1855 [9-12] — Page 214

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

82

by the I. J. Commanding, and here stationed for the purposes of adjudicating such matters. The juris-diction of British Courts do not extend over an American ship, even when in a British port, for matters affecting the interior of the ship, its discipline, &c. - In these respects, wherever the American flag flies, it carries American juris-diction.

I deny the legality of the whole proceeding upon broad grounds, it is not necessary in my note to note the illegality of boarding a ship and making an arrest without even displaying a warrant or show of authority, which is contrary, I conceive, to English Law, and the impropriety of fining Capt. Nichols for an assault committed when he was not even on board his ship, which is contrary to English justice.

83

Justice, I think, requires, and I request that reparation may be made for this violation of the laws of nations, and disrespect towards the United States, - that the person "Madison" be arrested, and delivered up to the U. S. Consul, that the police officer be properly punished, and that such steps be taken with the Magistrate, that he and others may, for the future, better understand their duties and powers, so that there may be no recurrence of such proceedings, of which this is not the first or only, though the most flagrant.

You speak of the matter being settled by the payment of the fine inflicted upon Capt. Nichols. No, Sir,

211

trips,

1

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82 by the I. J. Commanding, and here stationed for the purposes of adjudicating such matters. The juris-diction of British Courts do not extend over an American ship, even when in a British port, for matters affecting the interior of the ship, its discipline, &c. - In these respects, wherever the American flag flies, it carries American juris-diction. I deny the legality of the whole proceeding upon broad grounds, it is not necessary in my note to note the illegality of boarding a ship and making an arrest without even displaying a warrant or show of authority, which is contrary, I conceive, to English Law, and the impropriety of fining Capt. Nichols for an assault committed when he was not even on board his ship, which is contrary to English justice. 83 Justice, I think, requires, and I request that reparation may be made for this violation of the laws of nations, and disrespect towards the United States, - that the person "Madison" be arrested, and delivered up to the U. S. Consul, that the police officer be properly punished, and that such steps be taken with the Magistrate, that he and others may, for the future, better understand their duties and powers, so that there may be no recurrence of such proceedings, of which this is not the first or only, though the most flagrant. You speak of the matter being settled by the payment of the fine inflicted upon Capt. Nichols. No, Sir, 211 trips, 1
Baseline (Original)
82 by the I. J. Comment; appointed and here stortioned for the offerers puerfiose of adjudicating such matters. The puris- _diction of british borte do not extend over an American ship, lven pin лік Veritish fint, for mattere affecting the interior of the ship, ito diveipline, Bu - In these purposed wherever the American flag flrate it canice Amerisan pris- _diction. the I derry the legality of the whole forreceding upon brad grounds, it is not necessary m mine trouto note the illegality of brounding a ship and making without even displaying a warrant on sove shew of austerity, which is entrary, Senective, to English Low, _ and the impropriety of fining Capt. Nietiols for an arrest without even an assault committed "when he was not wen on board his 211 trips, _ which is contrary to English justice. 83 Justice, I think, requires, and I request that reponation may be made for this polation of the loves of nations, and disent texy towards the United States, - that the pan "Madison" be arrested, and delivered up to poce os to the Th. S. Consul,_ that the police officer be properly punished, and that Such stepe be taken with the Inagistrate, that he and ottiene pony, may, for the future, better understand their duties and pavers, is that there may be pr recurrence of such precedings, of which this is not the first or oily - first & mely sove, + thiough the most flowgrant. You spreak of the matter being settled by the payment of the fine- inflicted upon Capt. Michunts. Nos Ids ! 1 T
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82

by the I. J. Comment; appointed and here stortioned for the offerers puerfiose of adjudicating such matters. The puris-

_diction of british borte do not extend over an American ship, lven pin

лік

Veritish fint, for mattere affecting the interior of the ship, ito diveipline, Bu - In these purposed wherever the American flag flrate it canice Amerisan pris-

_diction.

the I derry the legality of the whole forreceding upon brad grounds, it is not necessary m

mine trouto note the illegality of brounding a ship and making

without even displaying a warrant on sove shew of austerity, which is entrary, Senective, to English Low, _ and the impropriety of fining Capt. Nietiols for

an arrest without even

an assault committed

"when he was not wen on board his

211

trips, _ which is contrary to English justice.

83

Justice, I think, requires, and I request that reponation may be made for this polation of the loves of nations, and disent

texy

towards the United States, - that the pan "Madison" be arrested, and delivered up to poce os to the Th. S. Consul,_ that the police officer be properly punished, and that Such stepe be taken with the Inagistrate, that he and ottiene pony,

may, for the future,

better understand their duties and

pavers, is that there may be pr recurrence of such precedings, of which this is not the first or oily

- first & mely sove, + thiough the most flowgrant.

You spreak of the matter being settled by the payment of the fine- inflicted upon Capt. Michunts. Nos Ids

!

1

T

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