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now in this office.
His Excellency The Governor has given careful consideration to the case.
And, as you have probably advised the Commander of the "Elbe" in ignorance of the law on the subject, desires me to inform you that the officer Commanding the "Elbe" has been guilty of a breach of both international law and Courtesy, in taking into his custody without any previous communication with the local Authorities a person who was in the waters of this Colony, under the protection of British laws.
The proper course would have been for the officer claiming the man as a deserter from the Prussian Navy to have taken him before the sitting Magistrate, and to have obtained from that functionary an order for the Extradition of the offender.
His Excellency trusts you will see the propriety of advising the Captain of the "Elbe" to adopt this course, and thus render a reference to the Home Authorities unnecessary, as that part of the case lies between yourself and the American Consul, who appears on behalf of the American ship from which the man deserted here.
The dispute, if unsettled, must be left to the decision of your respective Governments.
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