7.

450

November a

writ of Habeas Corpers

was applied for and on

the and instant.

ented, to

bring up

the body

was gra

of

the said Juan Pastor.

On the

return

to the

Wit the Gacter produced two Warrants

of

mitment

comm

a ö

his anthority

for detaining the prisoner, one of which being to the effect above stated. I held to be sufficient after hearing all the objections which __ could be

anged by the prisoners

Counsel, but I intimated that

conside

sidering the importance of the

case, and that no

no precedent

could be found I should apply. to Your Excellency to delay

the

surrender of the Prisoner, so as to allow time for the transmission of the case to His Grace The Secretary for

the Colonies in order that the

opinion of the Law Officers of the brown might be taken.

The conclusion at which I arrived,

after careful examination of the

---

authorities, uncent and modern, International Law; (see, Vattel, pp: 188-9 .. Manning, p. 75. Von Martens, p. 109. Grotius, p. 253 - Burlamaqui, p. 257 - Puffendorff, oot I. pp 335-9 Wildman, vol I p. 61- and others) __!

was,

ards two independent

that

ad

regards

Nations, between whom

no catraz

dition treaty existed, the rates

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