Bingham to Thomas B. Van Buren, September 22, 1875

Mr. Bingham to Mr. Van Buren.

Sir: In reply to your dispatch of the 21st instant. (No. 1141,) I have to say that, as you therein state facts not before communicated and essential to the formation of an opinion upon the question now presented by you in relation to the disposition that should be made of the American seaman charged with an assault with intent to kill, committed by him on board an American vessel and upon the high seas, it seems to me unquestionably the law that all statutory crimes committed by any person, of whatever nativity, upon the high seas and on board an American vessel, can only be tried in the United States, and by a United States court, and that the person charged in this case should be taken by the officers of the vessel who are cognizant of the crime alleged, without delay, to the United States, and they should carry their record with them.

I am constrained to make this reply, because of my instructions and because you notify me in your dispatch of the 21st that you wish to know if you have not jurisdiction to try the offender, whether it is your duty “to return the man to the United States for trial, or turn him over to the Italian consul.”

Italian subjects by nativity, shipping as American seamen, during their term of service are the subjects of American law, and for crimes committed by them against American law, during such service, upon the high seas and on board an American vessel, must be held to answer only in the United States and to the United States courts.

I am, &c.,