Van Buren to John A. Bingham . United States, September 21, 1875

Mr. Van Buren to Mr. Bingham.

Sir: I have the honor to acknowledge the receipt of your dispatch No. 195, in reply to my letter of the 20th, requesting your advice as to my jurisdiction to try an Italian subject, a seaman on board an American vessel lately arrived here, charged with a murderous assault upon the mate of the vessel.

The vessel is a merchant-vessel, named the William Van Namee, which sailed from, the port of New York for “Angier for orders, thence to such other ports and places in the Pacific and Indian Oceans, the East Indies, China, the China seas, and in Europe, as the master may direct, and back.”

The accused was shipped with the rest of the crew for a term of two years. The alleged crime was committed upon the high seas.

My difficulty in the case arises from my doubts as to my jurisdiction to try for offenses any persons but “citizens of the United States,” as conferred upon me by the treaties with Japan and the laws of the United States passed to carry such treaties into effect.

I have failed thus far in securing the instructions of the Department of State on the subject, and I supposed you would kindly give me your impressions upon the question of my jurisdiction; and second, if I had no jurisdiction, whether it was my duty to return the man to the United States for trial or turn him over to the Italian consul. I wish simply to know my duty, and to do it.

If you feel disinclined to give me your advice, I must, of course, act without it.

I am, &c.,