Wells Williams to Hamilton Fish, October 10, 1874

No. 126. Mr. Williams to Mr. Fish.

Sir: Referring to my dispatch No. 62, of the 2d instant, in relation to the request of Prince Kang for the arrest in the United States of Wang-Yen-ping, and his surrender to Chinese jurisdiction, I have now the honor to inclose the translation of a rejoinder I have since received to my reply to the prince.

In this letter he quotes a clause of the eighteenth article of the American treaty, stipulating for the surrender of Chinese criminals who may take refuge in the ships or houses of Americans, as if, in his view, it was of the same force within the territory of the United States as of China.

This opinion, though quite unfounded, probably seemed to him to be a legitimate inference when taken in connection with what is said in Wheaton’s International Law upon the extradition of criminals among the nations of the west, and the express stipulation of the British treaty in reference to criminals fleeing to the colony of Hong-Kong. Article XII of the treaty between Japan and China provides for the mutual surrender of criminals fleeing from justice, but does not state what crimes are amenable to this provision. Article XXI of the unratified treaty of 1862, between Portugal and China, also stipulated for the surrender of Chinese criminals fleeing to Macao, and required the proof of their guilt to be presented to the colonial authorities. In view of the great emigration of Chinese to the United States, this subject presents features of much interest.

I have, &c.,