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542//
This letter was referred to the Attorney General, who gave his opinion as follows:
"Mr. Seward, I think takes a
wrong view of his obligations in this matter. The Treaty of 1842 provides for the rendition of fugitive Criminals found within the territories of the Queen or of the United States, but
does not extend to the surrender in
China of a criminal who claims the protection of his Consul.
The duty of the Consul in such a case, is to take care that his fellow Countryman is dealt with, according to law, and he should only interfere so far as to satisfy himself that the
proceedings are regular.
In the present case when the warrant issued the offender was supposed to be a British subject, and that the warrant would be backed by the Court at Shanghae, under the 66th section of the order in Council
of 1865, and the man brought down here in cus
custody. He proved to be an American citizen, so the warrant could not be enforced the proceedings were not regular and if Mr Seward had at once released the this Government. could not have complained.
He thought fit however to detain him and to invite a formal demand for his rendition. By this mear. :
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