are charged
Delivery of the persons who with such crime" and who are found "within the Territories of Her Majesty" On the contrary should infer from his letter that his object
A
was to hold quasi-Court to investigate certain Criminal charges, and that whilst so engaged he
was desirous of lodging the supposed Criminals in Gaol and having them brought up before him from time to time in the custody of the Police. I therefore advise that the application of the Mr. S. Consul be refused until
he satisfies the Government that
he is entitled to what he asks.
294
would appear from Mr. Mercer's Memorandum, been already arrested they be released.
The case, as far as it appears,
is in a very simple manner. I am only advising on what is before me.
Let us suppose that one of the alleged Criminals were to bring an action for arrest or detention against the Officer who arrested, or the officer who detained him - who will say that the defendant in such action
has available defence?
(Signed) Berry John Stall April 7th 1867.
such that, if they have,