Wells Williams to Hamilton Fish, August 15, 1874

No. 148. Mr. Williams to Mr. Fish.

Sir: I have the honor to submit to you a short correspondence relating to the principle of exterritoriality, which has for Americans in this part of the world a particular interest; and a case like the one here described has not heretofore occurred as a practical question in our relations with the colonial government of Hong-Kong.

The case is briefly this: An American, named W. Jackson, appealed to Mr. Seward for protection against arrest, at Shanghai, on a warrant from the magistracy at Hong-Kong, (inclosure 1,) whose colonial secretary makes a request for the man’s delivery after he had come under the cognizance of the consul-general, and thus indirectly acknowledges his interposition, (inclosure 2.) The latter appeals to the extradition treaty between Great Britain and the United States as containing the rules which must govern the surrender, (inclosure 3;) but after the case had been abandoned, a review of the circumstances leads me to the conclusion that it does not come within the scope of the extradition treaty, (inclosure 4.)

I have no additional information relating to the circumstances under which the alleged piracy was committed, nor why the man Jackson was not sooner arrested, or where he went during the four intervening months; but these details would probably not at all affect the question.

As the Hong Kong authorities have given up the case, it is now only a matter of discussion, whose decision by the Department is requested for guidance in the future. If I learn the reasons why they gave it up I will inform you, should there be anything of interest in them.

I have, &c.,