The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-21
Outrage upon an American Ship ut Hong
Kong.

documents, correspondence, &c., relating to an
outrage which is alleged to have been perpe-
trated upon an American vessel, the Reindeer,
and her master, Captain Nichols, at the British
port of Kong Kong, China The facts, as they
are stated by the American Consul and ship
masters, are these:-James Madison, sailor
shipped at New York on board the Reindeer, IS
an American citizen, for the voyage, deserted
at Hong Kong. Captain Nichols applied uu-
successfully to the police for his arrest. After
some delay, Madison came on board of his own
accord, and, being mutinods, was placed in
irons. During the absence ON shore of Cap
tain Nichols, band Of blacks-apparently po-
lice boarded the ship, and rescued Madison.
On being required by the mate to show their
warrant or authority, they threatened to arrest
him, too, for daring to put such question.
The next step was the arrest of Captain Nj
chols on the charge of assault preferred by the
seaman Madison. The captain, as well as the
United States Consul, protested against the ju-
risdiction of the Court, on the ground that the
offence-if offence there had been-had been
committed on board an American ship, and
was therefore, beyond the jurisdiction of Bri-
tish Colonial Court. The magistrate, however,
condemned the captain to pay $50 fine and S25
damages to the seaman. Nichols refusing to pay
the fine, his arrest was ordered. This he frus-
trated by escaping on board the United States
frigate Powhatan, whose commanding officer,
Captain McCluney, refused to give him up. A
correspondence epsued between Governor Bow
ring and Captain McCluney, which was cut
short by the payment by part owner of the
Reindeer of the fine of SIS. Thus the matter
rests. The Judgment of the Colonial Court
has been carried into effect, and the man Mad-
son has been discharged from the fulflment of
the contract he made here.
On reference to the local organize China
Mail--we find no material variation in the ac-
count Of the story, except that all the circum-
stances, prior to the charge of assault by the
seaman against Captain Nichols, are ignored or
suppressed. We find, further, that the local
magistrates, after the payment of the fine, is
sued warrant for the arrest Of the United
States Consul; that he was in his bedroom when
the police called with the warrant, and that
the policeman invaded the room in search OF
him; that the Consul, learning the object OF
his visit, promised to call at the Court in half
an hour, but was compelled to accompany him
at once to the police Office, and thence to the
police magistrates court, where he was COM
mitted on a charge of unlawful rescue.
1t requires very little knowledge of law to
sued by the British authorities. Maritime law
and the law of nations assert distinctly that
ships entering foreign port bring with them
the jurisdiction Of their own government and
the protection of their own laws. Expoundilg
this principle, Daniel Webster declared, that
"if murder be committed on board Of an
American vessel, by one of the crew upon
another, or upon passenger, or by passen-
ger upon one of the crew or another passenger,
while such vessel is lying in port within the
jurisdiction Of foreign State or sovereignty,
the offence is cognizable and punishable by the
proper court of the United States' Follow
ing out the same doctrine, the Commercial
necessity shipmaster, advised by his Consul,
may call for the aid of the local autho-
rites to suppress mutiny, adds:-"But the
practice Of subjectEg American seamen to
foreign authority is of doubtful legality, and
is not to be resorted to except 10 cases of ex-
IRENE necessity" In accordance with this
doctrine, the late treaty between the United
States and France declares that "Consuls
shall have exclusive charge of the internal Or
der of the merchant vessels Of their nation,
and shall alone take cognizance of differences
which may arise, either at sea or in port, be-
tween the captain, officers and crew, without
exception. The local authorities shall not on
any pretext interfere in these differences, but
shall lend forcible aid to the Consuls when
they may ask it to arrest and imprison all per-
sons composing the crew whom they may deem
it necessary to confine."
There is no doubt, therefore, what the law
Of nations is on the point. Nor is there any
uncertainty about the practice. In the case Of
the Creole, the American government con-
deny, that the British Colonial authorities were
not justified in olficiously interfering with the
internal discipline and order Of the ship,
though murder had been committed on
board, and she lay in British waters
In the case of a British ship ct Balti-
more, an official arrested a seaman on
some charge or other; the British Consul
moved in the matter, employing Mr.. McLane
as bis counsel, and the seaman was promptly re-
stored to his vessel, and the official reprimand-
ed. The case of the American ship Ocean Ex-
press at Liverp oil, last summer, is still more
to the point A mutiDy had occurred on board
that vessel The captain applied to the Anne
rican Consul who advised him to invite the
men to resume their work. on their refusal,
they were instantly discharged, without clothes
or wages, and the British Courts declared,
when appealed to, that they had no jurisdiction
over the case, as the Ocean Express was under
the American flag.