84

not acknowledge its legality, I'd put recognize the validity of its payment, which, if made, as for Excellence informes

+ of Supererogation

she, was an act

772

the part of some person authorized. I deny the right of any person to pay the fine, excepting Capt. Nidules or the U.S. Consul; by neither of whom have it been done. I repudiate the payment, therefore, and add my protest to that already made by Capt. M'Cluney and Mr. Commerford

L

I trust that Your Excellency will be good enough to change your opinion upon this matter, and cause the man "Madsen" to be arrested and delivered up. Not to do so is to deny common and natural justice, and add another injury to those already committed. Upon what ground this is denied in your

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A

21 85

Communication of the 29th ult., and solely this case is made an exception to the hitherto universal practice in the Colony, I am at a loss to understand. The man certainly entered into a Contract with the Captain and owners of the barque "Reindeer", which can only be fulfilled by the returning in the ship to New York. This Contract is still binding, and the man has received a consideration for his services. The Consul, even if it has the power, has not pretended to

...

amil it. The man is ashore in violation of this Contract, and we cannot legally arrest him there, and common law and common custom both require that he should be arrested and delivered up to re-

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Over

apart from the fact that by the act of your Agents

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