Washington sentinel., 1853-11-06
Arrest Of an American in China.

Z / i II a tsi3
Arrest Of an American In China.
case Of some interest came before the Hong
Kong Jurisdiction Court on Friday, August Sth, Of
which the following is an abridged report from the
Hong Kong Reporter Of August IL: @
An American OF the name of William Buckler,
well known in China, owing money to British
subject in Hong Kong, was falsely arrested out Of
OF the sheriff, though he told them at the time
he was an American citizen, and even offered to
put in bail. Mr.. Buckler, indignant at the treat
ment, brought an action against the acting sheriff,
in the Summary Jurisdiction of the Supreme
Court on Friday last, when the following facts
were stated in support of the action.
Mr.. Buckler who, on his return from Califor-
MIA, was residing in Hong Kong, had an action
commenced against him in the Supreme Court for
the recovery of the amount of q ball of exchange,
shortly after which he left his residence, the City
Hotel and the Island, and went to Canton in pnr-
suit OF his business as shipper to California as he
said in evidence, but his creditor feared for the
purpose of placing himself out of the Jurisdiction
Of the court. A few days after his arrival in Cam
ton, letter reached Mr.. Buckler, intmating that
the writer, who had just arrived in vessel from
California, had sundry letters and parcels for him,
and box Of gold dust, all of which were to be
personally delivered, but that, as the writer could
not leave Hong Kong for few days. Mr. Buckler
had better come down. This he did, and found
that no such man had arrived from California. Mr..
sold" and nearly, though not quite, betrayed into
the hands OF the sherif7s officers the not quite
being comprised in the fact of the day being Sun
day SO he immediately hired boat and Hbolted"
sherif.s officers. On Monday he went on board
the H. & c. steamer Canton, to go to Canton, and
shortly after leaving Macao, when between that
port and the Nine Islands, he was arrested. Mr..
Buckler then properly declared himself an Ameri-
can citizen; but the Buns" did not understand
;,,sa lax III Ear liz
were not responsible There Mr.. Tuckerman, a
partner of the firm of Messrs. Nye, Parkin & Co.,
offered TO become bail-this was of no avail the
orders to the constables were "to seize Mr..
Buckler where they could find him, and bring him
to Hong Kong" So il was done, the seizure be-
ing effected about noon on Monday, the 2Sth OF
March. Mr.. Buckler, in the boat Of the bailias,
landed at Hong Kong on the morning OF the 29th
March, and Immediately had an interview with
Mr.. May, at which time Mr.. Buckler, being tired,
said nothing about his being an American, but ex-
pressed wish to go 10 sleep, which the bailiff
took him to the City Hotel Having slept off his
fatigue, he was baiIed; and, shortly afterwards,
the sheriff having found out that he was an Amer
lean, cancelled the bail bond, and arrested him
anew on another warrant, issued under the same
order as the previous one Mr. Buckler then gave
in and paid the money he owed; but, by way of
teaching the sheriff respect for the rights Of for
egners, he brought this action,
In defence, Mr. Pollard for the sheriff tried TO
the action ought 10 be against Mr.. Buckler in the
supreme court, and that before he could do any
thing, the action in that court should be quashed
by a motion. Second, that Mr.. Buckler was not
arrested by the present acting sheriff, Mr.. May,
but under the directions Of the sheriff, Mr.. Mitch
ell, who left for Europe at two p. M. on the 2Sth
March, and Mr. Buckler was arrested before that
hour; besides which, Mr.. Mitchell had been paid
the fees Of the arrest. -
Both objections were overruled at the COM
mencement of the case, and a great deal of time
was expended in examining and cross-examining
Mr.. Buckler and others On the plaintiffs case
closing, the defendants attorney returned 10 the
charge with his two overruled objections and after
very unnecessarily occupying the court with
them, he fell back on third position or legal OBJ
lection, viz. that no individual, privileged from
arrest, such as peer of the realm, member of
parliament, clergyman going to perform service,
&c. had any remedy for false arrest and imprison-
ment by The sheriff, as all they could do was 10
bring the matter before the court, when they
would be set at Iberty--the only exception being
one by statute in the case Of ambassadors, and
their suite, who are duly registered. And this
exemption from such an action was given 10 the
sheriff, on the ground that he could not be ex-
pected 10 know any privileged person The
plaintiffs counsel, the attorney general, had no
common law defence 10 make, so he fell back on
the law Of nations, and illustrated his position by
saying that il was exactly as f the sheriff of Mid
dlesex had arrested French citizen in the streets
of Paris 80
His lordship said, however hard the law might
appear, il was the law. So the case was turned
out Of court.
steam Ferry Boat Destroyed by Fire..
The N. Y. Express Of the 4th instant says: At II
o'clock on Friday morning, ferry-boat James Rum
sey lying at the foot Of Barclay street. North river,
was burned TO the waters edge. When the fire
companies arrived at the ferry-house the steamer
was partially enveloped in flames, and before the
engine and hose companies could bring their APP
paratus into requistion, all efforts to suhdue II
proved unsuccessful. The vessel was finally cut
loose from the wharf and towed into the stream,