The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-21

eefved ny receipt FOR the On the 10th inst. CAP
Nichols called a. the consulate and requested
John Madison the carpenter Of laid vessel arrested
and sent board stating that he had deserted and
fused 10 duty | i'm nediateIy wrote to Mr.
Nay superintendent OF Police in this colony the snsosed
note marked "a" to which received no answer I
subsequently called the police station In company with
Captain Nichols and exhibited the baks articles TO Mr.
May ana the Assistant Superintendent of Police, Mr.
Grand Pre- and sgan requested that the carpenter should
he placed board On the 10th nst Capt Nichols in
formed me that John Madison, the carpenter, had
turned board his vessel, aud that such his
duet that became 10 use force TO restrain his
violence that he had made an assault upon him, the
captain and that In consequence he and his eli had
after consider able difficulty put him (he carpen teri in
irons; that he was dangerous man and that he Capt
Nchos had acted in seldefence in securing Ma ison;
that that day several armed boarded the Rein
deer IN the absence OF the captain and without showing
warrant authority released Madison and frcbly
took him from said vessel and upon the mate dem andng
70 the authority upon which they acted,
leader of the party that he he leader was the authori
"; and further that II the mate would interfere they
would take him likewise from the vessel Since that me
Madison has not been returned to the Reindeer.
On the I'D instant Captain Nichols summoned to
ssuh and battery made by John Madison ainst him.
the sd in company with Captain Nichols called at the
chief magistrates court, and requested the presid-
ing magistrate, Mr.. Hibbier, to have Madison sent
on board the Reindeer, and at the time /
exhibited to him the articles of the vessel,
requested him TO observe that the Madison
bound to be discharged in New York upon
d the vessel To that port Upon his refusing to act
request protested against his interference ia thus
matter and American Consul ut this port claimed sole
Jurisdiction in the case, having occurred board
American ship and AS bsirg petty offence for the cor
Foction OF which, and like Offences the preventative OF
the United States COVER placed in this port
farther protested against the right of foreign Official
10 board and search American vessel without the per
mission and concurrence Of the American authorities;
and more especially without exhibiting warrant or
authority OF sind for such action and extended
protest total denial of the jurisdiction of the court
IN the case-complaned Of want OF courtesy 20
nv protest before he should proceed
hgs In the meantime Capt Nichols was retained
prisoner in the prisoners box he then likewise pro
Tested against the jurisdiction Of the court and bis de-
sencn and declared that he was amepaoe to the laws
Of his country il he had committed an offence.
The case contnued-Captain Nichols made no de-
Ance Madison in his oath stated that he born in
EpeaDe, an the magistrate sentenced Captain Nichols
70 she pey ment of fifty dollars fine to the Queen and
twenty tive dollars compensation TO Madison The
gstrate then asked If the American Consul would be
responsible for the payment of the fne the return Ct
the prisoner If he permitted leave the prisoners
box Iagan protested against tae whole proceedings y
fine should not be paid by my permission. After the
magistrate had retired to sdjoiring room, followed
and expostulated with him. but without effect. then
walked TO the door of the offered Captain Nichols
my and requested him to walk to the Consulate and
dine wish road lay pass the jail door police
laid hold of Captain Nichols by the Not wish
pg to have any difficulty with the police around most
Nichols laid my hand on that OF the "usher," lifted
II from that Of Captain Nichols and offered be resp1n
sbe for his return either in the evening the next
morning. we were pc rmtted proceed other
wise; this being refused and the police guad having
been yoclerous called the usher, - walker
with Captain Nichols at regular pace down the street,
Until came TO Queens road, when turned into the
store of Messrs. D. E Silver Co., and placed Captain
Nichols upon chair in the countng ROOM and reurned
10 the door, again repeating to the usher and four
five black and white policemen that if without moessa
cn, they would allow Captain Nichols TO proceed to
house. would be responsible for his return. but not
Otherwise This refused. then told them to take
him they could My intention was, that If they would
allow us to proceed to my house without rnoles.a
sion, l would request an interview with the Gov
ernor ard endesvor to have him interfere with
of me
magistrates court and police force While standing
ss.fhe DOR informed that Captain Nichols in
paDy with some other American captains had left for
the United States steam fgate Powhat tan. Wake ont
Of the front coor passed around the house to the wharf
the Powhaan, followed by boat containing white
and three four black policemen. got into another
boat and went board the Powhstau. where | found
Capt Nichols in safety and now American Consul
ut this port have to respectfully but earnestly request
that you viii afford Capt Nichols the protection due 20
American citizen.
The following is description of the carpenter, as
taken from the articles OF the Rendeer-Nau,e, John
Madison station, carpenter birth place, New York
age twenty years; height five feet inches. This
man shipped at New York at the rate OF sl5 per
month received $50 in advance to be discharged vt
New York the return Of the vessel to thai
city but be is yet on shore and | shall again
TO you the well known and clearly defined principle upon
which ground my action In the protection OF the rights
Of my connsynep-a principle for which you yourself 10
the war OF 1872 CALAMITY fought and suherednAr TO
erEte to you the well known violence and nsolenco 70
American ciz of tie petty officials of this colony Of
want, JAMES KEENAN,, U. s. Consul.
Capt. WV. j. McCLUSEY, Commanding U. s. steamer
Powhstsn, Hong Kong.
GOV. BowklsG TO CAPT. M'cLUNEY.
GOVERNMENT OFFICE VICTORIA.
Hose KONG, Jct 26, 1853. I
sR-1 have the hoaQg to address you under the follow
ing circu stances -kunors have reached me thu hr.
L. n. Nichols has sought refuge board The United
States frgae Powhatan, under your comrnsnd II
this be the think 1t my duty to advise yon tht
for his apprehension has been issued by the
Court of Petty Sessions, ard hope to lean that there
has been no intended obstruction to the authority
law have the honor to be sir. obedient servant
JOHN BUNRINti, Governor, ac.
70 Capt. WIZ. j. MCIuSEY United States steam tfigate
Powhatan.
CAPTAIN M'cLUYEY TO GOVERNOR BowRING.
UNITED STATES STEAM FRlGArE PowHATAs,
Hone KoSG China, Oct. q. 1855.
S1P-I have the honor to acknowledge The receipt OF
r Frcsiencvs note OF Yesterday stating that runors
had reached you that Mr. E. ~ Nichols has sought re-
fuge beard the United States steam frg.te Powhstan
under my command and this be the case you think 1t
your duty aGvise that warrant for his apprehen
sion had issued by the Court OF Petty Sessions AMI
you hope learn that there has been 10 intened oo
struction to the law
In reply have to state that Mr.. E. N Nichols an
received board Of this ship at the request OF me
American Cons u in order to protect ha nom an luegal
arrest and imprisonment py tSs wsos
course of this magistrate has bee: unwarranted oy
the circumstances, and Illegal BY MS direcuon
n police force was sent board American
ship, and released from confinement by It who had
placed irons by order of his captain for desero
nutiny and violation OF the discipline of the ip-an
offence not English but to American law, cognizaoe
by the Ameri,sn Consul This magistrate not content
Nth this gross outrage the American flag, subse
ouenty arrests the captain Of the ship who certainly
kad committed offence against the laws OF the colony
fines him seventy five dollars, (uity 10, the Cour ana
twenty-five the mutineer and in default OF payment
Rentences him 10 incarceration in the common jail Un-
these of the case, sense OF duty WIZ compsl
me to afford an asylum and protection to Caotain Nichols
at leas, until it Shall made satisfactorily to appear
to that he has committed some offence or CRIME Tor
which he can Justly be held aruenabe TO English law.
Very respectfully your obedient seryast,
wM. J. MctyUNEY, u. s. N,
Commanding e. s. steam frigate Powhata n.
GOV. BOwRING TO CAPT. NJ CLUNEY.
GOVERNMENT OFFICE VICTORIA
HoNG KoSG Oct. ~ 1855
SRI have the honor 10 acknowledge the receipt OF
your letter Of this days date an happy lea that