The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-21
sovERsoR sowRrY6 TO CAPT. x'cLUNEY.

GOVERNOR sowRrNs TO CAPT. x'cLUNEY.
GOVERNMENT 0rFluE, Vlcromi,
HoNG kosG, Oct % 1855. (
Sri have the honor 70 scknowledgs your letter of
yesterday and thank you for the expression Of your
oepce in my desire 20 maintain cordial and friencly
derstanding with the authorities Of the United States
But in British colony the laws Of Great Britain must
be obeyed and interfere with their ordinary
ro.ne The question of legality proceedings be
left 10 the responsibility Of those to whom The admins
the in question has been done but in accordance
with the laws, but shall ceem it my duty in Difference
her Britannia Asestys Secretary Of Safe for his nfor
nation. regret exceedingly that cannot surrender
John Madison to the requirements of the United states
Consul on the grounds OF Illegal detention As the
Of the fine imposed, have only to state that
the payment is officially reported to having been
solicitor in this Chief Magistrstes Court Fne Consups
pro est against the payment will be duly recorded and
forwarded to her Asjestys government | have the
honor to be- sir. your most obedient servant,
JOHN B0WRlNG, Governor.
To Capt. WIN J. Mcc1rNEY, U. Navy, Commanding L s.
steam frgate Powhatan
PROTEST OF AMERICAN SHIP-MASTERS.
HoEG KoNe, China, Oct. a. 1855.
The undersigned, American ciozens and masters
of American ships in Hong Kong and China waters,
being present and cognizant of the occurrence OF
the sd of October, between Captain E. w. Nichols,
of the American bark Reindeer, and the Police
Court Of Hong Kong, in its action against the said
Captain L. w. Nichols, in the matter OF forcibly
and without warrant taking from confinement a
prisoner named John Madison, seaman of the
Reindeer placed az such for dcsertion and utinons
conduct On board of the Reindeer, by Captain E. w.
Nichols-the said Madison being one of the crew
OF the Reindeer, and being in opinion under the
laws and regulations of the United States for the
If ;tey ut lla IN
English jurisdiction but legally under the command
of the lawful captain of the said ship and therefore
Illegally and with outrage taken by force from the
ship. Therefore, we hereby tender to James Kee-
nan, the United States Consul for this government,
our cordial approval of his conduct in placing the
said Captain E. w. Nichols in safety board of the
United States steam frigate Powhatan, when threat
ened with fine and imprisonment in a common jail
by the Police Court, upon what we consider most
unwarrantable assumption Of power
We take this opportunity Of calling, through our
Consul the earnest attention of government to
this matter, important in many ways to the interest
ard proper discipline OF the mercantile marine Of
the United States.
brief review of this case may be Important
An American ship arrives in the harbor of Hong
Kong in the lawful pursuit Of her business; one OF
her crew, lawfully shipped in the United States
signing the articles to make the voyage aud return
to the United States-deserts the vessel and after
an absence of some days comes on board, behaves
in mutinous and outrageous manner towards his
superior officers, is placed in irons and necessarily,
from bis resistance to the proper authorities, treated
with severity.
Suddenly, in the absence of the captain, an armed
police force boards the ship, takes from confne-
ment the prisoner spoken of, and without exhibit
ing warrant or authority, conveys him on shore;
then warrant is issued for the captain for assault
and battery against this rescued prisoner, suit in
stituted, and judgment, under protest Of she Uni
ted States Consul, given sentencing The captain to
pay fifty dollars to the Queen and twenty-five dol
lars to the plaintiff, the defendant to go to Jail.
Under these circumstances the United States Consul
places the captain under the protection OF the Uni
ted States frigate Powhatan, and we cordially sup
port him in his course of action.
We consider that the American principle of the
denial OF the right of search and that the American
flag and American law protect the American citi-
zen, when on just and lawful occupation, has been
ably and periodically carried out by the United
States Consul in this matter.
We also soemnly and firmly protest against the
assumption of foreign Power, which assumes to take
from and protects the subordinate of an American
ship against his SUPERIOR when that superior simply
performs his duty in dscipning his ship under the
United States laws, and protests against foreign
Power setting at naught the laws OF the United
States and assuming to control the internal regula
tons of an American ship; and we respectfully APP
peal to our country to protect us in SO serious po
sition.
We are, very truly, your friends and countrymen
Z. Spicer, Jr, master ship Saml. Willetts Geo
Damer, ship Stephen Baldwin; P. H. Devol, OF
the River Bird; J. W. Paul, late do, do; Thos
Wath late OF the Cheeseborough; Chas. Emerson,
late OF the John Gossller II. N. Osgood, ship Sword
fish, Robt. r. Garter, Act'g Lieut. u S. steamer
Pow hatan; Geo. N. Sands, New York; +. c. Bishop
Washington Territory; Geo. Sewell, Chief Engineer
U. s.. steam fIigate Powhatan: J. W. Bennett.
Act'9 Lieut. p,s. steasa lrigase ipowhatau Albert
Schliyes, ASST, Surgeon; Lieut. 0. s. GIsson,
cotndg y. s. snip j. ?. Kennedy; Robt. De silver,
.. 5: Naval Storekeeper; VIM. Colagan,, ship Bos-
ton Light; Wellington q. Ayers coast pilot; Henry
Sarah H. Snow; l.. Il. Eagleston, bark Ed. Kop-
pisch of Salem Geo. p. De Silver, Philadelphia, Pa;
Andrew Barstor. ship Lantao; Tnos. c. Dudley, u
S. steamer PoThatan L. b. Kinney, bark Burn
mer Kellogg Asst. Engr U. steamer Powhatan;
W. II. Porter, U. s. steamer Powhatan; VIM.
Knapp, Jr., Boston, Mass; Samuel H. Cushman,
Portsmouth, N. H.. j. Waword, New York; +. F.
Bedford, Mass WIN. Robt. Yates. Norfolk, Va;
John Campbell, Michigan; Thos. b. Schaefer Balti-
more, Nd w. X. Cressy, late master steamer Queen;
Henry Coleman, master ship Houqua; Francis
Foster; j. G. Joyce Lookout; NJ. Thompson, do.
do Helena; J. w. Marther, do do. Nightingale; J.
+. Cook, United States Marshal; Henry G. End
colt, Salem, Mass; r. 3. Lowry. Lieut.. U. s.
steamer Powhatan; +. Cady New York; Saml.
Pike, master ship Meteor.
JAMrs KEENAN,, Esq, United States Consul at
Hong Kong, &C., &c.
THE VIEW TAKEN BY THE ENGLISH IN
CHINA.
from the China Mail, Nov. 15l
We believe the following will be found to bf ccrrec
version Of affair .hs. has excited some fs'k during
the last few days
Information was given at the police ofc, that
penter on board the American ship reindeer was in
ircns had been severely beaten while in harbor ny
the master, f. W. Nichols. The police had the man
brought shore and issued against the
master The case came before Mr.. Hitler, when Mr..
STAGE who appeared tor the seaman asked that the
might be dealt sith in summary amer, as the vessel
was about to depart
The magistrate found that the assault had been proved
and fined the $50 the Queen, with 525
saton the injured During The inquiry Mr. Kee
man, the American consul present, and objected
throughout TO the jurisdiction OF the court account
CT. kax-i han "a Anna