Bingham to Thomas B. Van Buren, September 21, 1875

Mr. Bingham to Mr. Van Buren.

Sir: Your letter of the 20th instant is received; in which you state that an American vessel just arrived in the port of Kanagawa has on board “one of the crew (an Italian subject) in irons, charged with a murderous assault upon the mate, committed a few weeks since,” and in reference to which you desire my opinion whether you have jurisdiction to try the seaman charged with the said crime. The question of jurisdiction in the case stated is as much a judicial question as any other question which can arise in the trial of the alleged offender. I am not aware of any law or regulation which confers upon me authority to give United States consuls opinions in advance upon any judicial question which may arise before them officially.

But if satisfied that I could properly express an opinion in advance on the question presented in your note, it would be needful that I should know, first, whether the vessel is in the naval or merchant service of the United States; second, where and when and for what term the seaman charged was shipped or engaged; third, when and where the offense charged was committed; if on land, in what place or territory; if on board the vessel, was the offense committed on the high seas or any arm of the sea, or any port or other place within the jurisdiction of any foreign state or sovereignty, within the admiralty and maritime jurisdiction of the United States, or without the jurisdiction of any particular state.

These questions necessarily arise under our statutes, as you doubtless know, in determining the jurisdiction in the case you present.

I am, &c.,