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Prussian Service, or whose claim to him was to be preferred, the Prussian or the American, nor has the Prussian law any bearing on the case. Doubtless had the course indicated by law and courtesy been followed, the man would have been handed over to the Elbe under the Extradition Treaty, and would be now for my letter No 922 of 10th instant was "taking into his custody without previous "Communication with the local Authorities. "a person who was in the waters of this "Colony, and under the protection of British "laws."
Upon this point you appear to consider that the voluntary surrender of himself by the deserter gives the matter a different aspect from that which it would have assumed, had he been made a prisoner against his will.; but you will, I am sure at once perceive the error of this assumption when it is pointed out to you that no action on the man's part as between himself and the Naval Authorities of his Country can in any way alter or affect the rights of
The sole complaint against the Captain of the Elbe is that he was in legal custody on board that ship, but the Captain of the Elbe by exceeding the privilege claimed by war has prevented the adoption of the regular course of procedure, and formal
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